Overturning five decades of precedent, the National Labor Relations Board (NLRB or the Board) in Cemex Construction Materials Pacific (372 NLRB No. 130) adopted a new election standard
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Labor Department Proposes Increasing Salary Threshold for Overtime Pay
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
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NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies
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
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California Paid Sick Leave Claims May Be Enforced Under PAGA
On Feb. 24, 2023, in Wood v. Kaiser Found. Hosps., the California Court of Appeal for the Fourth District held that claims for paid sick leave in California may
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303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex Couples
On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority
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Employer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor Unconstitutional
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, holding that Harvard College and the University of
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‘PARENTAL ADVISORY’: How Music in the Workplace Can Lead to Liability
Employers who play music in the workplace – or allow employees to play music in the workplace – beware. The Ninth Circuit Court of Appeals recently held that the content
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The End of AB 51?
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration
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Court of Appeal Puts Rideshare Companies Back in the Driver’s Seat
Proposition 22 continues its journey through the California courts. As background, in 2018 the California Supreme Court adopted a new test to determine whether a worker was an employee or
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Ninth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause
Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in
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