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
Trade 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 StandardNLRB 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 Policies‘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 LiabilityUnder-Whelmed by an ‘Under-Ride’ Hazard: 11th Circuit Vacates General Duty Clause Violation on Preemption Ground
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit found that online pet retailer Chewy, Inc. was not liable under the Occupational Safety and Health Act…
Continue Reading Under-Whelmed by an ‘Under-Ride’ Hazard: 11th Circuit Vacates General Duty Clause Violation on Preemption GroundThe End of AB 51?
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration…
Continue Reading The End of AB 51?Court of Appeal Puts Rideshare Companies Back in the Driver’s Seat
Proposition 22 continues its journey through the California courts. As background, in 2018 the California Supreme Court adopted a new test to determine whether a worker was an employee or…
Continue Reading Court of Appeal Puts Rideshare Companies Back in the Driver’s SeatNinth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause
Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in…
Continue Reading Ninth Circuit Revives Claim That A.B. 5 Violates Equal Protection ClauseTrade Secrets Year in Review: 2022
We are proud to present Greenberg Traurig’s Trade Secrets 2022 Year in Review, a high-level overview of some of 2022’s most significant trade secret decisions in the United States. 2022…
Continue Reading Trade Secrets Year in Review: 2022