On July 30, the Court of Appeals of Virginia reversed Appian Corp.’s $2 billion trade secrets judgment against competitor Pegasystems Inc. (Pega) and remanded the case for a new trial.

Continue Reading Virginia Appeals Court Reverses $2 Billion Trade Secret Verdict, Remands Case for New Trial

Background on the FTC’s Noncompete Ban

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to ban virtually all noncompete agreements on the basis that such agreements constitute

Continue Reading Challengers Take on FTC’s Nationwide Ban on Noncompete Agreements

While the Golden State has most everything you’d ever want to enjoy, employers doing business in California know that a Private Attorneys General Act (PAGA) lawsuit is not one of

Continue Reading When Good Intentions Become PAGA: Initiative to Repeal PAGA on November 2024 Ballot in CA

By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS

Continue Reading Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA Action

The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.

1. 

Continue Reading Implications of California Senate Bill 365 for Employers in Light of Estrada

On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most

Continue Reading Labor Department Proposes Increasing Salary Threshold for Overtime Pay

In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook

Continue Reading NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies