Popular, State Labor Laws, Employment Litigation

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

Fisher Phillips on 6/30/2025

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. To ensure you stay on top of the latest changes and have an action plan for...more

Risk Management in the Modern Era of Workplace Generative AI

McDermott Will & Schulte on 5/9/2025

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

An Important Win for Employers in California: Meal Period Waivers

Davis Wright Tremaine LLP on 4/28/2025

For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

Prospective Written Meal Period Waivers Can Be Enforced in California Says the California Court of Appeal

Payne & Fears on 4/22/2025

Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more

Which laws apply to my out-of-state remote employees?

McAfee & Taft on 4/22/2025

While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to...more

Federal Appeals Court Rejects Remote Worker’s State Law Claim Based on Physical Presence: Key Takeaways for Employers

Fisher Phillips on 4/17/2025

With so many employees working remotely these days, it can be confusing to determine which state they actually work from – and which laws apply to the employment relationship. Is their home office in a different state than...more

The Legal Landscape of Independent Contractor Misclassification May Be About to Change: March 2025 IC Legal News Update

Troutman Pepper Locke on 4/15/2025

The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more

Key Trends in PAGA Arbitration Decisions: Insights for Employers and Legal Counsel

Offit Kurman on 4/8/2025

The proliferation of wage and hour litigation in California and recent significant changes to the law have created uncertainty for employers and their lawyers alike. Both recent PAGA (Private Attorneys General Act of 2004)...more

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

Fox Rothschild LLP on 3/19/2025

In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

Troutman Pepper Locke on 1/8/2025

As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

The FTC’s Rule Banning Noncompete Agreements is Dead. Long Live Noncompete Agreements?

Spilman Thomas & Battle, PLLC on 10/2/2024

Earlier this year, the Federal Trade Commission (FTC) announced a Final Rule outlawing nearly all noncompete agreements between employers and employees. That Final Rule, however, was overturned at the end of August 2024....more

Paving the Way for California PAGA Reform: AB 2288 and SB 92

Faegre Drinker Biddle & Reath LLP on 7/1/2024

On June 27, 2024, California Gov. Newsom signed legislation — Assembly Bill (AB) 2288 and Senate Bill (SB) 92 — that substantially reforms the Labor Code Private Attorneys General Act of 2004 (PAGA) The legislation, which was...more

Assessing Payroll Rounding Policies After Wage Hour Class Action Suit

Dentons on 5/3/2024

A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more

New Year, New Changes for California Employers in 2024

Epstein Becker & Green on 12/26/2023

As 2024 quickly approaches, so, too, do many new obligations and restrictions for employers with California employees. Below, we summarize significant changes to hiring and workforce management, litigation, wage and hour,...more

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper Locke on 10/24/2023

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

2 Ways Calif. Justices' PAGA Ruling May Play Out

Carlton Fields on 6/13/2023

Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Shaw LLP on 2/27/2020

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Coblentz Patch Duffy & Bass on 9/18/2019

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

Unfair Competition: What Happened in 2018, and What's in Store for 2019

Littler on 2/11/2019

From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more

What Will A Governor Newsom Mean for California Employers?

Fisher Phillips on 11/7/2018

While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more

California Employment Law Notes - September 2018

Proskauer - California Employment Law on 9/13/2018

Employer Must Obtain Written Authorization To Conduct Background Check - Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018) - Eileen Connor worked as a school bus driver for Laidlaw Education Services, a...more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

Best Best & Krieger LLP on 5/21/2018

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

Employment Law Reporter May 2018: No Good Deed Goes Unpunished – California Supreme Court Decision May Change the Way Employers...

Ervin Cohen & Jessup LLP on 5/3/2018

California is a difficult landscape for employers, and last month, the California Supreme Court made that landscape all the more difficult. In a case called Alvarado v. Dart Container Corp., the California Supreme Court...more

Massachusetts Highest Court Refuses to Award a Triple Windfall

Seyfarth Shaw LLP on 2/12/2018

Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more

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