When an employee’s on-the-job injury affects their ability to perform essential job functions, federal and state law require, among other things, that an employer engage in an “interactive process” to
Continue Reading A Breath of Fresh Air for Employers Managing Extended Medical Leaves
The U.S. Department of Labor (DOL) issued Opinion Letter FMLA2025-01-A, clarifying the complex interaction between (1) the federal Family and Medical Leave Act (FMLA), (2) state-paid family and medical leave program (PFML) benefits and (3) employer-provided accrued vacation, paid time off, and/or paid sick time (employer-paid leave).
Continue Reading The DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave Programs
While welcome news to most employers, those in California are unlikely to be impacted by the U.S. Supreme Court’s recent ruling in E.M.D. Sales, Inc. v. Carrera, 220 L. Ed.
Continue Reading E.M.D. Sales: A Reminder That California Stands Out from the Crowd
In a sharply worded notice, the Labor & Workforce Development Agency (LWDA) recently demanded that a plaintiff-side law firm amend over 100 Private Attorneys General Act (PAGA) notices it had
Continue Reading The LWDA: There’s a New Sheriff in Town
While employees are decorating, mulling over their New Year’s resolutions, and hunting for the best sales, California employers are turning their sights to the potential challenges awaiting them in the
Continue Reading ’Tis the Season for California’s 2025 Legislative Update: Employer Considerations
California employment practitioners have fought for years over whether a plaintiff averring a Private Attorneys General Act (PAGA) action can intervene in a separate PAGA action not brought by that
Continue Reading Hate to Be Mean, PAGA Plaintiffs Can’t Intervene
Gov. Newsom has signed SB 399 into law, which restricts the ability of employers to hold mandatory “captive audience meetings” with their employees. The new legislation, also known as “California
Continue Reading California Attempts to Restrict Mandatory Captive Audience Meetings
On Sept. 26, 2024, the U.S. Court of Appeals for the First Circuit ruled California’s statutory ban of noncompete agreements does not override Massachusetts law permitting noncompete agreements where the
Continue Reading First Circuit Denies Extraterritorial Effect of California Noncompete Law
This November, California voters were expecting to vote on a measure that would replace the current Private Attorney General Act (PAGA) statute with the California Fair Pay and Employer Accountability
Continue Reading Gov. Newsom Announces Landmark Private Attorneys General Act Reforms
The Federal Trade Commission (FTC)’s recent final rule that would ban virtually all noncompete agreements in the United States will take effect Sept. 4, 2024, barring delays from pending legal
Continue Reading Business as Usual in California? Comparing the FTC’s Noncompete Final Rule to California Law