11.16.22
The U.S. Court of Appeals for the Ninth Circuit has again upheld California’s Assembly Bill 5, the 2019 law that adopted the ABC test to determine whether a worker is an employee or independent contractor, in a First Amendment challenge.
A California appellate panel reversed dismissal of a female employee’s Equal Pay Act claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment.
An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a California appellate panel.
Continuing a crackdown on noncompetes at the federal level, a new bill introduced in the House of Representatives would ban noncompete agreements nationwide for nonexempt employees under the Fair Labor Standards Act.
10.20.22
On October 13, 2022, the Department of Labor released a new proposed rule on the question of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.
Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.
Providing an expensive lesson, a California appellate court held that an employer’s failure to timely pay an arbitration fee resulted in a waiver of the employer’s right to require arbitration.
After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.
A Texas federal court has struck down Equal Employment Opportunity Commission guidance on protections for LGBTQ+ employees.
09.28.22
As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.
