Employers should expect changes to their immigration and hiring enforcement regimes under a second Trump administration. Based on campaign rhetoric and promises, those changes will include emboldened and focused immigration policies to remove millions of undocumented workers and tighten the legal immigration system. Below is a summary of expected employment-related immigration changes and practical steps … Continue Reading
Employers fearing rising labor costs can rest a little easier now after a Texas federal court struck down the U.S. Department of Labor’s (“DOL”) final rule (the “2024 Rule”), which, in July 2024, increased the minimum salary employers are required to pay employees under the executive, administrative, and professional (“EAP”), or “white collar,” exemptions to … Continue Reading
The U.S. political landscape changed dramatically recently, in a way that will significantly impact labor law obligations for virtually all employers in the U.S. Republicans will control the White House and Congress come January, and Republican appointees will control the Supreme Court. By late January, Republican appointees will hold some of the key positions at … Continue Reading
Last week, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) overruled a nearly 40-year old precedent (Tri-Cast), now making it unlawful for employers to explain to employees, even in non-coercive, non-threatening terms, the potential downside of selecting union representation (see our post here). With the election outcome poised to flip the … Continue Reading
Any question whether, in light of the recent election outcome, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) would scale back their high-profile efforts to rewrite federal labor law to favor unions was answered only days after the election, with those members issuing a decision overruling a nearly 40-year-old case that … Continue Reading
On November 5, 2024, voters across the country weighed in on several state and local ballot measures impacting employment law, including increases to state minimum wage rates and paid sick leave mandates. Summarized below are the outcomes of the more prominent ballot measures decided by voters, including new obligations for employers in Alaska, Maine, Missouri, … Continue Reading
In the rapidly developing world of AI, federal regulators are again signaling that businesses and HR managers cannot depend on a “data made me do it” defense to employment decisions made with the help of AI systems. Expanding on guidance it released in May, the US Department of Labor (DOL) issued new guidance on October … Continue Reading
Members of our Labor & Employment practice and Healthcare industry group discuss the long-awaited Final Rules amending the Mental Health Parity and Addiction Equity Act (“MHPAEA”) that were released on September 9, 2024. The full post is available on our sister blog, Triage Health Law.… Continue Reading
California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025. Unless otherwise noted below, these new laws take effect January 1, 2025.… Continue Reading
California’s legislative landscape is set to shift dramatically with the recent passage of the California Worker Freedom from Employer Intimidation Act, Senate Bill 399. Set to take effect on January 1, 2025, this new law promises to reshape the dynamics of employer-employee communications, particularly in matters related to politics and labor unions.… Continue Reading
Join us for our October US Labor & Employment Webinar Series where we will highlight some of the key issues employers are facing today and explore where the employment law landscape is headed. Approval for CLE and HRCI credit is anticipated for all three events. Continue reading this post for more detail on the events … Continue Reading
We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the … Continue Reading
Over the course of just a few weeks, the National Labor Relations Board (NLRB or Board) continued its ongoing dismantling of long-standing precedent and rollback of Trump-era procedural rules. First, on July 26, 2024, the Board released the “Fair Choice – Employee Voice” Final Rule, reversing three amendments the Board made in April 2020 to … Continue Reading
On August 20, 2024, a Texas federal judge permanently barred the implementation of a controversial Federal Trade Commission (FTC) regulation that would have invalidated tens of millions of existing non-compete agreements and precluded the adoption of new covenants. The decision comes as a tremendous relief to employers that feared the FTC’s regulation would have made … Continue Reading
As we have previously reported about (here and here), 2024 has been a historic year in the United States for state legislation aimed at protecting employees from harm arising out of the use of artificial intelligence (“AI”) systems. In May, Colorado passed the first US law addressing algorithmic discrimination in private sector use of AI … Continue Reading
Illinois joins a growing list of states prohibiting employers from requiring employees to attend meetings discussing union representation issues. Here’s the scene: President Truman is seeking reelection, and Miracle on 34th Street just snagged three Academy Awards. The Minneapolis Lakers are celebrating their win in the National Basketball League championship (in the team’s inaugural season, … Continue Reading
Don’t post anything online that you wouldn’t want your mother – or the Department of Labor – to see. Anyone who once thought that Facebook was a safe place to vent grievances or insult others probably knows by now that social media is no refuge for posting something that you wouldn’t usually say, for example, … Continue Reading
As we have previously reported, in early 2022, Congress passed and President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a law that bans mandatory arbitration of certain sexual assault or sexual harassment claims. Since its enactment, we have tracked some of the procedural challenges … Continue Reading
In today’s divisive climate, political speech in the workplace is a topic of increasing relevance and complexity. While workplace discrimination based on race, gender, religion, age, or disability has long been prohibited, discrimination on the basis of an employee’s political affiliations or beliefs is a more nuanced, often overlooked challenge since it is not among … Continue Reading
On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288 and Senate Bill 92 significantly reforming California’s Private Attorney General Act (“PAGA”). Twenty years ago, PAGA was enacted as a mechanism to allow California employees to collect penalties for Labor Code violations on behalf of the state. Since then, the statute has been … Continue Reading
The California Supreme Court in Bailey v. San Francisco District Attorney’s Office (S265223, July 29, 2024) clarified the circumstances under which a single racial slur by a coworker can lead to employer liability and further expounded on the type of conduct that can constitute an adverse employment action giving rise to a claim of retaliation. … Continue Reading
A recent California Court of Appeal opinion, Shah v. Skillz Inc., (2024) 101 Cal.App.5th 285, addressed two important questions relating to the valuation of stock options that have been the subject of litigation for many years: Are stock options wages? How are damages measured in a claim for breach of a stock option agreement? Although … Continue Reading
As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future. Since then, the Final Rule has been subject to legal challenges … Continue Reading
In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers. (See our post here.) Under the proposed rule, an agreement between an … Continue Reading
