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Employer Liability Issues Labor Reform Employment Litigation

Seyfarth Shaw LLP

How the Latest NLRB Guidance Helps Employers Resolve Disputes

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Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also...more

Vedder Price

New York State 2025 Budget Includes Limitation on Damages in Frequency-of-Pay Cases

Vedder Price on

On May 9, 2025, New York Governor Kathy Hochul signed Senate Bill S3006C into law which concerns New York State’s education, labor, housing, and family assistance budget for the 2025-2026 fiscal year. This budget, among many...more

Davis Wright Tremaine LLP

New York Reins In "Frequency-of-Pay" Damages Under Amended Labor Law

In a major shift, New York employers will now be subject to significantly reduced damages in "frequency-of-pay" lawsuits due to recent amendments to Section 198(1-a) of the New York Labor Law ("NYLL")....more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

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The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Jackson Lewis P.C.

Explaining California’s Private Attorneys General Act

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Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging....more

Weintraub Tobin

An Update on PAGA Reform from the Trenches – Finally, Some Relief for Employers from Meritless Claims

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Last year, we reported on the reforms to the Private Attorney General Act (PAGA) that Governor Gavin Newsom signed into law on July 1, 2024. The reform legislation was pushed through to avoid a ballot vote on a measure...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

BCLP on

With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature’s Proposed Amendments Would Impact Employment Agreements

Two bills recently introduced in New York’s legislature could have a major impact on New York employers seeking to enter into employment-related agreements with employees. Invalidating “Unconscionable” Contract Terms - ...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

Maynard Nexsen on

On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

Littler

UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims

Littler on

A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could...more

Lerch, Early & Brewer

NLRB Finds Captive-Audience Meetings Unlawful

Lerch, Early & Brewer on

In mid-November, the National Labor Relations Board (NLRB) overturned 75 years of precedent and found that captive-audience meetings violate the National Labor Relations Act (NLRA) in its Amazon.com Services LLC decision....more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Bradley Arant Boult Cummings LLP

NLRB’s General Counsel Initiatives Trumped: Here We Go Again with Dramatic Shifts in Labor Law

As the mainstream media has reported, President Trump is firing everyone he can (and maybe some he can’t) at the National Labor Relations Board. On day one, the president fired the NLRB’s general counsel, Jennifer Abruzzo, a...more

DarrowEverett LLP

What New Administration’s Moves at EEOC, NLRB Mean for Employers

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Times they are a-changin’ … with a flurry of moves and terminations, the new administration has signaled a reverse within the federal labor and employment landscape. These changes will have significant impacts on current...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

Perkins Coie on

In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more

Miles & Stockbridge P.C.

[Event] Hot Topics in Employment Law Seminar - February 20th, Baltimore, MD

Join us for a half-day of SHRM- and HRCI-approved programming and plenty of networking. Our annual Hot Topics in Employment Law Seminar is a must-attend event for business owners, legal experts, C-suite executives, and HR...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

Benesch on

As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Saul Ewing LLP

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

Saul Ewing LLP on

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

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This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Fox Rothschild LLP

Doing Business in California Guide Updated for 2025

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The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

Weintraub Tobin

You Can’t Make Me Go to that Meeting! CA Law Prohibits Adverse Action Against Employees Who Refuse to Go to Certain Meetings

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If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024. For the most part, SB 399 has been described as a new...more

Ballard Spahr LLP

California Court of Appeal Says No More “Headless” PAGA Lawsuits

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In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly...more

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