By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS
Continue Reading Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA ActionLitigation
Implications of California Senate Bill 365 for Employers in Light of Estrada
The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.
1.
… Continue Reading Implications of California Senate Bill 365 for Employers in Light of EstradaTrade Secrets Year in Review: 2023
We are proud to present Greenberg Traurig’s Trade Secrets 2023 Year in Review, a high-level overview of some of 2023’s most significant trade secret decisions in the United States.
2023…
Continue Reading Trade Secrets Year in Review: 2023NLRB Creates New Election Standard
Overturning five decades of precedent, the National Labor Relations Board (NLRB or the Board) in Cemex Construction Materials Pacific (372 NLRB No. 130) adopted a new election standard…
Continue Reading NLRB Creates New Election StandardLabor Department Proposes Increasing Salary Threshold for Overtime Pay
On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most…
Continue Reading Labor Department Proposes Increasing Salary Threshold for Overtime PayNLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies
In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook…
Continue Reading NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook PoliciesCalifornia Paid Sick Leave Claims May Be Enforced Under PAGA
On Feb. 24, 2023, in Wood v. Kaiser Found. Hosps., the California Court of Appeal for the Fourth District held that claims for paid sick leave in California may…
Continue Reading California Paid Sick Leave Claims May Be Enforced Under PAGA303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex Couples
On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority…
Continue Reading 303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex CouplesEmployer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor Unconstitutional
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, holding that Harvard College and the University of…
Continue Reading Employer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor Unconstitutional‘PARENTAL ADVISORY’: How Music in the Workplace Can Lead to Liability
Employers who play music in the workplace – or allow employees to play music in the workplace – beware. The Ninth Circuit Court of Appeals recently held that the content…
Continue Reading ‘PARENTAL ADVISORY’: How Music in the Workplace Can Lead to Liability