Non-compete agreements have recently come under attack across the country, both at the state and federal levels. Massachusetts passed legislation in 2018 that imposed additional requirements on employers in order for their...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules).
The...more
In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach...more
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification.
In particular, as state legislatures...more
1/7/2021
/ ABC Test ,
Class Action ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
Preliminary Injunctions ,
Trucking Industry ,
Unions
In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries.
Key Retail...more
1/7/2021
/ Anti-SLAPP ,
Appeals ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Fashion Industry ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Motion for Summary Judgment ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Retailers ,
Settlement Agreements ,
Sports Apparel ,
Wage and Hour ,
Wages
Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees.
On December 16, 2020, the Equal Employment...more
12/17/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
GINA ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive...more
The MUTSA became effective on October 1, 2018. It largely tracks the language of the Uniform Trade Secrets Act (UTSA).
In a case of first impression, the District of Massachusetts considered whether the recently enacted...more
SB 1159 expands the presumption of workers’ compensation liability for employees who contract COVID-19 due to a workplace outbreak.
A. Presumption of Workers’ Compensation Coverage for Certain COVID-19 Cases -
New...more
On August 24, 2020, the US Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-5 addressing employer obligations for tracking time worked by remote workforces.
The guidance is timely, given the transition...more
In an opinion issued on July 9, 2020, the District Court of New Jersey granted class certification for a group of delivery drivers who allege they were incorrectly classified independent contractors.
In the opinion, the...more
On March 23, 2020, Governor Baker issued an executive order closing the “brick and mortar” operations of all non-essential businesses. Nearly two months later, on May 18, he announced his four-part plan to “reopen” the...more
The Family First Coronavirus Response Act (FFCRA), which took effect on April 1, 2020, provides two paid leave benefits for certain employees, including two weeks of Emergency Paid Sick Leave and up to 12 weeks of Enhanced...more
The Massachusetts Department of Unemployment Assistance (DUA) recently issued emergency regulations creating a new “standby” status for employees who find themselves out of work as a result of COVID-19.
"Standby" refers to...more
The Massachusetts Department of Unemployment (DUA) has taken steps to streamline the process for securing unemployment benefits in light of increased demand resulting from the COVID-19 pandemic.
As the impact of COVID-19...more
Time is of the Essence: Effective January 7, 2020, New York employers who have an Employee Handbook must include in the Handbook a notice of employees’ rights to be free of discrimination and retaliation on the basis of their...more
New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed...more
9/19/2019
/ Anti-Retaliation Provisions ,
Damages ,
Employer Liability Issues ,
Independent Contractors ,
Misclassification ,
Penalties ,
Rebuttable Presumptions ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour ,
Wage Theft ,
Wage Theft Prevention Act