#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ Prepares for Temporary Workers' Bill of Rights - Employment Law This Week
To Be or Not To Be (an Employer)
Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more
On May 23, 2025, a federal court denied efforts to enjoin the Illinois Department of Labor (IDOL) from enforcing key provisions and amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) that were signed...more
Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider. The California Court of Appeal, Fourth...more
On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more
Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary: Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more
Do you think that there is a difference between “furnishing” labor and “performing” labor? (Is there a difference between Godiva chocolate and Palmer’s?) Well, the Court of Civil Appeals of Oklahoma recently held that...more
When an appellate opinion includes words like joint employment, special employer, general employer, lent employee, or borrowed servant, it usually means that the parties have a fundamental difference of opinion about the...more
A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more
California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more
California Business and Professions Code section 16600 invalidates any contract restraining anyone from engaging in a lawful profession, trade, or business. While this language has been understood to prohibit non-compete...more
Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more
This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more
In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort....more
On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more
On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more
Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more
Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more