On Oct. 11, the United States Department of Labor (DOL) issued a proposed rule that would change the definition of “independent contractor” for companies, a modification that could impact worker

Continue Reading Department of Labor Proposes to Reinstate Economic Realities Test for Independent Contractors Under FLSA

The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may

Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions

On Sept. 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Board
Continue Reading NLRB Proposes New Joint-Employer Standard

On Sept. 5, 2022, California Governor Gavin Newsom signed into law AB 257, the controversial Fast Food Accountability and Standards Recovery Act, also known as the “FAST Act” (the Act).
Continue Reading FAST Act Becomes Law in California, but Voter Referendum Filed in Response

On May 17, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) released a draft regulation for workplace violence prevention that applies to all California employers, with only limited
Continue Reading California Employers Soon May Be Subject to a Workplace Violence Safety Standard

In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that
Continue Reading In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For Now

The Chicago City Council enacted amendments to the City’s Human Rights Ordinance that take effect July 1, 2022. The amendments:

  • Expand the definitions of the sexual harassment and sexual orientation;


Continue Reading Chicago Amends Its Sexual Harassment Ordinance

Consistent with its previous rulings on the Labor Code, on May 23 the California Supreme Court held, in Naranjo v. Spectrum Security Services, Inc., that an employee who successfully
Continue Reading Meal Period Violations Trigger Slew of Additional Penalties, California High Court Says