Category Archives: Labor & Employment

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Employment Law Provisions of the Families First Coronavirus Response Act

On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act,” (the Act). This Act is a broad response to many of the challenges caused by the current and impending spread of the Coronavirus Disease 2019 (COVID-19). The Families First Coronavirus Response Act has eight provisions intended to assist people during … Continue Reading

Georgia Department of Labor Issues Emergency Rule Requiring Employers to File Claims for Employees Affected By COVID-19

On March 16, 2020, in response to the COVID-19 pandemic and the state of emergency proclaimed by federal and state governments, the Georgia Department of Labor issued a new Emergency Rule. This new Rule shifts the burden of filing claims for unemployment compensation from employees to employers. Specifically, starting after the week of March 15, … Continue Reading

COVID-19: Legal Obligations Regarding Employment Matters in Mexico

Mexico is starting to experience the first effects of the COVID-19 global pandemic. Among the first preventive measures being implemented in our country to prevent the growth of infections of said virus is “social distancing”. This strategy includes new coexistence rules in the workplace, quarantines, home office and the possibility of the announcement of a … Continue Reading

Coronavirus Disease 2019 (COVID-19) – Dutch Government Issues Emergency Measures for Employers and Entrepreneurs

On 17 March 2020, the Dutch government announced that exceptional economic measures must be taken in relation to the Coronavirus Disease (COVID-19) crisis. Part of the measures entail the withdrawal of the Reduction of Working Hours Scheme (werktijdverkortingsregeling). Under the Reduction of Working Hours Scheme, it was possible for employers to apply for a permit … Continue Reading

House Modifications to H.R. 6201, Families First Coronavirus Response Act

Late on Monday, March 16, 2020, the U.S. House of Representatives modified H.R. 6201, Families First Coronavirus Response Act, and substantially narrowed the employer leave requirements under Division C – Emergency Family and Medical Leave Expansion Act and Division E – Emergency Paid Sick Leave Act. As of the time of this Alert, H.R. 6201 … Continue Reading

Employers: Stop, Drop, and Ensure CCPA Compliance as to Employees Residing in California

Despite being in effect since Jan. 1, 2020, the California Consumer Privacy Act (CCPA) continues to generate confusion for employers of California residents. Much attention has been given to the CCPA’s effect on a business’ obligations in collecting, using, and sharing California customers’ data. However, given the CCPA’s broad “consumer” definition includes “employees,” it also imposes … Continue Reading

New York, New Jersey Employers Now Prohibited From Inquiring About Salary History

As noted in our 2019 legislative update, New Jersey and New York have joined a growing number of states in prohibiting employers from asking job applicants about their salary history. Both states’ legislation became effective earlier this month after being signed into law last year. As of January 2020, other states that prohibit all private employers … Continue Reading

Second Circuit Holds Judicial Approval Not Required When Settling FLSA Claim Pursuant to Rule 68(a) Offer of Judgment

On Dec. 6, 2019, the Second Circuit issued a decision in Yu v. Hasaki Restaurant, Inc. that will likely impact settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In a split decision, the court reversed a district court ruling and held that judicial approval is not required when settling an FLSA claim … Continue Reading

2019 Employment Law Snapshot: New Jersey, New York, and Pennsylvania

In 2019, New Jersey, New York, and Pennsylvania each enacted substantial legislation affecting companies that employ individuals in those states. This GT Alert provides a summary of the most significant of these legislative changes and will help employers stay abreast of the changes relevant to their businesses. Please note that the laws described extend protections to … Continue Reading

California Labor & Employment Legislative Update 2019 – Spoiler Alert, Things Have Not Moderated

Gov. Newsom signed 870 bills into law and vetoed 172. Fortunately, not all of them were labor and employment related. This GT Alert provides an overview of the new employment-related laws, which will likely create additional challenges for California employers. As always, we focus here on what is likely to be important as opposed to … Continue Reading

2 Steps Forward, 1 Step Back: California Supreme Court Nixes Plaintiffs’ Ability to Recover Unpaid Wages Under PAGA, but Forecloses Defendants’ Path to Arbitration

On Sept. 12, 2019, the California Supreme Court in ZB, N.A. v. Superior Court of San Diego County (Lawson) delivered a victory for California employers, clarifying that a plaintiff bringing a Private Attorneys General Act (PAGA) action may not recover as a “civil penalty” the “wages” referenced in Cal. Labor Code section 558, and thereby … Continue Reading

Changes to Illinois Law Prohibit Salary History Inquiries and Impact Employer Drug Policies

Several amendments to the Illinois Equal Pay Act will become effective Sept. 29, 2019. The most significant of these amendments is a ban that prohibits inquiry into and the use of a job applicant’s pay history in making hiring and employment decisions. Illinois has now joined with 13 states that have imposed such a ban. This … Continue Reading

A Non-Compete Law Roadmap for Tech Start-Ups in Key Jurisdictions

The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in structuring non-competes that balance their need to attract talent with their need to protect confidential and sensitive information, while preventing unfair competition by former employees. … Continue Reading

New Jersey Implements Steep Sanctions for Wage Payment Violations

On Aug. 6, 2019, New Jersey Acting Gov. Sheila Oliver signed a new “wage theft” law that expands the fines, penalties, and damages to be imposed for violations of the state’s wage payment law for an extended six-year statute of limitations period. The law takes effect immediately. In this GT Alert we explore the new … Continue Reading

Recapping the Many Legal Developments Affecting Private Employers in New York and New Jersey, So Far, in 2019

There have been many significant developments in the first half of 2019 impacting private employers in New York and New Jersey. Federal, state, and local legislatures and agencies have been particularly busy in the employment arena, promulgating sweeping laws and regulations affecting a broad range of well-entrenched employment practices. For instance, New Jersey adopted prohibitions … Continue Reading

Nevada Mandates Paid Time Off for Workers

On June 13, 2019, Nevada Governor Steve Sisolak signed SB 312 into law to require Nevada employers to provide paid leave to workers. Specifically, the bill requires that employees receive 0.01923 hours of paid leave for each hour worked. Under this formula, a worker who works 40 hours per week for 52 weeks will be entitled to … Continue Reading

House Zeros in on Workplace Violence in Health Care and Social Service Industries

House Democrats have set their sights on workplace violence in health care and social service industries. According to congressional findings, the health care and social service industries suffer the highest rates of injuries caused by workplace violence. Health care and social service workers made up 69 percent of all workplace violence injuries in 2017 and … Continue Reading

Greenberg Traurig’s Mark Kemple Receives National Law Journal’s Employment Law Trailblazer Award

Mark D. Kemple, co-chair of global law firm Greenberg Traurig, LLP’s Labor & Employment Class and Collective Action Practice and leader of the Southern California Labor & Employment Practice, has been named a 2019 Employment Law Trailblazer by the National Law Journal. The Employment Law Trailblazer award recognizes legal professionals who “make their mark in … Continue Reading
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