On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings...more
8/21/2025
/ Administrative Law Judge (ALJ) ,
Appellate Courts ,
Constitutional Challenges ,
Corporate Counsel ,
Labor Relations ,
NLRA ,
NLRB ,
Popular ,
Preliminary Injunctions ,
Separation of Powers ,
Unfair Labor Practices
The California Civil Rights Council has finally secured approval for its long-awaited regulations regarding employers’ use of artificial intelligence (AI), algorithms, and other automated decision systems. The agency says the...more
7/7/2025
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Corporate Counsel ,
Emerging Technologies ,
Employment Discrimination ,
Employment Policies ,
FEHA ,
Final Rules ,
Hiring & Firing ,
Machine Learning ,
New Regulations ,
Regulatory Requirements
The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more
7/2/2025
/ Appeals ,
Class Action ,
Corporate Counsel ,
Decertification ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Evidence ,
Litigation Strategies ,
Rebuttable Presumptions ,
Rest and Meal Break ,
Testimony ,
Wage and Hour
On June 2, 2025, the California Senate approved a bill, called the “No Robo Bosses Act,” that would restrict when and how employers can use automated decision-making systems and artificial intelligence (AI) to make...more
The California Civil Rights Council has advanced new regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems, clearing the way for them to take effect later this year. ...more
4/10/2025
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Data Collection ,
Employment Discrimination ,
FEHA ,
Final Rules ,
Machine Learning ,
New Regulations ,
Trump Administration
On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more
4/3/2025
/ Adverse Employment Action ,
Corporate Counsel ,
Damages ,
Drug Testing ,
Employee Rights ,
Employment Litigation ,
False Advertising ,
Lost Wages ,
Marijuana ,
RICO ,
SCOTUS
Employers in Wyoming will soon be limited in their use of noncompete agreements under a newly enacted law that makes the state the latest of a growing number of states to restrict noncompete agreements in the employment...more
On March 27, 2025, a federal judge for the U.S. District Court for the Northern District of Illinois temporarily blocked the U.S. Department of Labor (DOL) from enforcing portions of two provisions in President Donald Trump’s...more
A federal judge in Maryland has preliminarily blocked the Trump administration from enforcing key provisions of the recent executive orders (EO) to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and...more
2/24/2025
/ Civil Rights Act ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Preliminary Injunctions ,
Private Sector ,
Trump Administration
On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, including regarding remedies, rights of college...more
The U.S. Department of Homeland Security (DHS) recently published new security requirements for certain restricted transactions covered by the U.S. Department of Justice’s (DOJ) sensitive data export rules. ...more
2/4/2025
/ Biden Administration ,
China ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
National Security ,
Restricted Transactions ,
Russia ,
Security and Privacy Controls
President Donald Trump removed National Labor Relations Board (NLRB) member Gwynne Wilcox in a move that leaves the Board without a quorum to hear cases. The president also, as expected, discharged NLRB general counsel...more
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more
1/16/2025
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Evidence ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Popular ,
Preponderance of the Evidence ,
SCOTUS ,
Split of Authority ,
Wage and Hour
Wildfires continue to rage across the Los Angeles area, causing death, massive destruction of property, and forcing tens of thousands to flee their homes. President Biden has approved a “Major Disaster Declaration” for...more
California employers will soon be able to more easily obtain temporary restraining orders (TROs) to protect employees from harassment before conduct has escalated to acts of violence or credible threats of violence under a...more
On November 25, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that its planned new monthly employment data collection form for federal contractors and subcontractors...more
On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more
As the nation concludes the 2024 elections, employers may want to keep an eye on the outcomes of several key state ballot measures that will have significant implications for wage policies, employee benefits, and compliance...more
A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more
11/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Twelve new state comprehensive data privacy laws are set to go into effect over the next two years as the United States continues to catch up to foreign jurisdictions like the European Economic Area (EEA), making a total of...more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more
5/1/2024
/ Anti-Harassment Policies ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Pregnancy ,
Protected Class ,
Race Relations ,
Sexual Orientation ,
Workplace Harassment Guidance
On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more
New York City lawmakers are considering a measure that would make the city the latest jurisdiction to ban noncompete agreements between employers and their employees, after Governor Kathy Hochul in December 2023 vetoed a...more
On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more
New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more