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Employer Liability Issues State Attorneys General

Sheppard Mullin Richter & Hampton LLP

New York AG Sues Earned Wage Access Companies for Allegedly Unlawful Lending Practices

On April 14, New York Attorney General Letitia James announced two separate lawsuits against earned wage access providers—one against a company that issues advances directly to consumers, and another targeting a provider that...more

Woods Rogers

DEI is D.O.A.: What President Trump’s Executive Order Means for All Employers

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Still grappling with the fallout from the Supreme Court’s decision in Students for Fair Admissions, which ended affirmative action in higher education, employers now face liability for their diversity, equity and inclusion...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Fisher Phillips

AI Under Watch: New Developments in New York and California Push Businesses Toward AI Transparency and Compliance

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AI is reshaping the workplace, and two of the nation’s most influential states – California and New York – are making sure businesses take accountability. California’s Attorney General issued sweeping advisories on Monday...more

Troutman Pepper Locke

Massachusetts AG Announces $1.3M in Citations Against Local Company for Wage Violations

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Massachusetts Attorney General (AG) Andrea Campbell recently announced a number of citations against Quick Temp., Inc. (the company), its owner, and its manager, for alleged wage, sick time, and records violations....more

Cozen O'Connor

State AG Pulse | AGs Clock In On Wages

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State AGs’ authority is by no means limited to their more traditional jurisdictions - consumer protection, privacy, and antitrust - as several recent actions by state AGs in the labor and employment arena clearly demonstrate....more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Husch Blackwell LLP

Impact of U.S. Supreme Court's Affirmative Action Decision on Private Employer DEI Programs and Recommendations for Employers

Husch Blackwell LLP on

By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more

Orrick, Herrington & Sutcliffe LLP

California AG warns against unlawful employer-driven debt arrangements

On July 25, California Attorney General Rob Bonta issued a Legal Alert to remind all employers of state-law restrictions on employer-driven debt. Bonta highlighted concerns about employers engaging in exploitative practices...more

Cozen O'Connor

Republican and Democratic AGs Write Opposing Letters to Fortune 100 on DEI Programs

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A group of 13 Republican AGs announced that they had sent a letter to every company on the Fortune 100 list warning that certain workplace diversity policies could be unlawful in light of the U.S. Supreme Court’s recent...more

Fisher Phillips

California Employers Beware: Your 5-Step Plan as Attorney General Announces CCPA Investigative Sweep

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California employers, beware: the state’s top prosecutor just announced his office is conducting an investigative sweep of whether and how large California employers have complied with data privacy and consumer protection...more

Littler

Washington, DC Legislative Roundup

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The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we...more

McGuireWoods LLP

Virginia General Assembly 2023 Employment Law Roundup

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The Virginia General Assembly’s 2023 legislative session concluded with Gov. Glenn Youngkin signing 738 bills into law and amending another 78. With a divided government characterized by Republican control of the governor’s...more

Foley Hoag LLP - State AG Insights

Paxton Whistleblower Saga Concludes in a Settlement and Apology

A little over a year after the Texas Appeals Court rejected Texas Attorney General Ken Paxton’s argument that the state’s Whistleblower Act does not apply to whistleblowers reporting violations of law committed elected...more

Fisher Phillips

California Attorney General Provides Key Enforcement Insights to Employers on CCPA Obligations

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With the entire panoply of compliance requirements under the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act (CPRA) set to take effect on January 1, 2023, now is the time for employers to...more

Morgan, Brown & Joy, LLP

SJC Strikes Down Two Initiative Petitions Proposing Laws Classifying Covered App-Based Drivers as Independent Contractors

The Massachusetts Supreme Judicial Court (the “SJC”) recently ruled that two initiative petitions seeking to define and regulate the relationship between network companies and app-based drivers are not suitable for placement...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

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As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Fisher Phillips

Dispute Over Gig Drivers’ Independent Contractor Status Being Fought on All Fronts in Massachusetts

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Massachusetts is one of handful of states to have adopted the stringent “ABC” test for determining whether a worker is an independent contractor or employee. That has made it one of the most fertile battlegrounds over this...more

Littler

Analyzing and Responding to the Minnesota Attorney General’s Investigations into Employer Pay Practices

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The Minnesota Supreme Court recently reaffirmed the Minnesota attorney general’s broad power to investigate Wage Theft Act and alleged pay practice violations....more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

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2021 saw significant activity by both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) in 2021. The DOJ, for example, finally followed through on its 2016 warning/threat to investigate and potentially...more

Morgan, Brown & Joy, LLP

Massachusetts Attorney General Updates FAQ on COVID-19 to Address Vaccine or Test Issues

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On or about December 10, 2021, the Massachusetts Attorney General’s Fair Labor Division (“FLD”) updated its set of “Frequently Asked Questions About COVID-19: Employee Rights and Employer Responsibilities.” The update...more

Tucker Arensberg, P.C.

Have Independent Contractors on Your Jobsite?

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If you operate a construction business in Pennsylvania, and hire independent contractors, who you pay via 1099s, you could face criminal charges, and be forced to pay fines and restitution if these workers are not properly...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – October 2021

New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more

Cozen O'Connor

California Attorney General Launches Annual Labor Day Report

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California AG Rob Bonta issued an inaugural Labor Day Report highlighting ten key worker protections available in California and the California Department of Justice’s (“DOJ”) efforts to combat illegal employment practices...more

Cozen O'Connor

Important Changes Coming to Illinois Non-Compete and Non-Solicit Law

Cozen O'Connor on

Over the last few years several states have enacted or amended laws to corral the use of employee non-compete and non-solicit agreements. Keeping pace with those states, Illinois recently made critical amendments to its...more

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