Category Archives: Labor & Employment

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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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