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
Will it soon be time for California employers to collect and report more pay data? If Senate Bill 1162 (SB 1162) passes, the answer is “yes.” Introduced in
Continue Reading California Bill Would Increase Strict Pay Data Reporting and Pay Transparency Requirements for Businesses Across State
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
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:
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