News & Analysis as of

Enforcement Labor Law Violations

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

Snell & Wilmer

PAGA Reform Benefits Proactive Employers

Snell & Wilmer on

In 2024, California reformed its Private Attorneys General Act (“PAGA”) for the first time in the statute’s two-decade history. The reforms were less drastic than some had hoped, but they afford employers new avenues for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Houston, Texas Metal Powder Coating Company Proposed Penalties for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued a July 1st news release stating that it had proposed penalties for alleged violations by Outdoor Furniture Refinishing, Inc. (“OFRI”). The news release...more

Payne & Fears

May 2024 Case Summaries

Payne & Fears on

Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more

Mintz - Employment Viewpoints

A New Dawn (Maybe) for California Employers: State and Business Groups Strike Deal on PAGA Reform

On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). The agreement comes before California voters could weigh in on...more

Seyfarth Shaw LLP

Governor Newsom Announces PAGA Reform

Seyfarth Shaw LLP on

Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include;...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Commerce, Georgia, Electric Vehicle Battery Manufacturing Facility Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued a January 17th news release stating it was proposing to assess penalties against SK Battery America Inc. (“SK”) for alleged violations. SK is described as a...more

Proskauer - California Employment Law

The Case for a PAGA Adequacy Requirement

In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA...more

Foley & Lardner LLP

NLRB General Counsel Says Non-Compete Agreements Usually Violate U.S. Labor Law

Foley & Lardner LLP on

The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Conley, Georgia, Chemical Manufacturing Facility and its Maintenance Contractor Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) announced in a May 16th news release that it had cited Arch Wood Protection, Inc. (“AWPI”)  and Mullins Mechanical & Welding, LLC (“Mullins”) for alleged violations. ...more

White and Williams LLP

Enforcement Provisions Under The PUMP For Nursing Mothers Act Take Effect April 28, 2023

White and Williams LLP on

The PUMP For Nursing Mothers Act - On December 29, 2022, President Biden signed the PUMP for Nursing Mothers Act (PUMP Act) into law, expanding workplace protections to all breastfeeding employees covered by the Fair Labor...more

Foley & Lardner LLP

Colorado Joins Movement to Limit Non-Competes to High Earners

Foley & Lardner LLP on

Coming just a few months after criminalizing the enforcement of illegal non-competes , Colorado has placed further limitations on restrictive covenants. On May 10, 2022, the Colorado legislature passed HB22-1317, narrowing...more

Mintz

Labor Politics and Antitrust Enforcement in Labor Markets

Mintz on

The FTC and Antitrust Division held a workshop last week focused on labor issues, which superficially appears to be a continuation of the last Administration's policies. Since 2016 the agencies have warned the business...more

Seyfarth Shaw LLP

2015 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Shaw LLP on

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

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