Newsletters

02.29.24

Restrictions on Employer Communication Upheld by Ninth Circuit

In an appeal presenting recurring issues facing district courts in managing whether and how prospective parties are brought into wage and hour lawsuits under the collective action procedures of the Fair Labor Standards Act (FLSA), the Ninth U.S. Circuit Court of Appeals affirmed an order imposing a ...


02.29.24

New Trial for FEHA Plaintiff After Prejudicial Complaints Admitted

Reversing a jury verdict in favor of an employer, a California appellate panel found the trial court erred by allowing the introduction of complaints made by coworkers against the plaintiff.


02.29.24

PAGA Claims Can’t Be Tossed on Manageability Grounds

Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability?


02.29.24

Ninth Circuit Affirms California Supreme Court’s Take on Viking River

The Ninth U.S. Circuit Court of Appeals applied the California Supreme Court’s interpretation of the U.S. Supreme Court’s decision on the intersection of the Private Attorneys General Act (PAGA) claims and arbitration in Viking River Cruises, Inc. v. Moriana.


02.28.24

DOL’s Independent Contractor Rule Set for March

On March 11, 2024, the Department of Labor’s (DOL) new rule on the standard for determining who is an employee and who is an independent contractor under the Fair Labor Standards Act (FLSA) is set to take effect.


02.09.24

California’s Valentine’s Day Surprise: Chocolates, Flowers and . . . Noncompete Notices?

While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law. 


12.22.23

NLRB Delays New Joint Employer Rule

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule.


12.22.23

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed dismissal of the Americans with Disabilities Act (ADA) cases.


12.22.23

Ninth Circuit to Hear AB 5 Challenge En Banc

In the latest chapter of the saga of California’s Assembly Bill 5, the Ninth U.S. Circuit Court of Appeals vacated a panel decision finding that the law violated the Equal Protection Clause and granted rehearing en banc.


12.22.23

New NY Laws for the New Year

New York employers are facing several major changes in employment law, including a ban on nondisclosure clauses in settlement agreements of discrimination, retaliation or harassment claims, the addition of new categories of protected classes, and an extended statute of limitations for ...