On June 12, 2021, a Texas federal judge issued one of the first rulings on a challenge to a mandatory vaccination policy. U.S. District Judge Lynn Hughes of the Southern
Continue Reading Texas Judge Becomes One of the First to Affirm Mandatory COVID-19 Vaccination Policy

On March 25, in New Jersey Civil Justice Institute et al. v. Grewal, a New Jersey district court ruled that the Garden State is barred from enforcing a recently
Continue Reading New Jersey District Court Declares NJLAD’s Ban on Employment Arbitration Agreements Preempted by Federal Arbitration Act, Permanently Enjoins Enforcement

Much has been written cautioning employers about the twin holdings of Donohue v. AMN Services LLC, in which the California Supreme Court said on Feb. 25 that employers “cannot
Continue Reading Rethinking Meal Break Class Certification After Calif. Ruling

Employers have faced a tidal wave of Fair Labor Standards Act (FLSA) collective action litigation in the last 15 years, fueled in large part by courts that have made it
Continue Reading Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action

Following up on its proposed rule issued in September 2020, on Jan. 6, 2021, the Department of Labor (DOL) issued its final rule on worker classification. The final rule, effective
Continue Reading Department of Labor Issues Final Rule for Identifying Independent Contractors in an Employer’s Workforce

Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent
Continue Reading California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions