Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases.
Outlook 2026: Mexico Labor & Employment
- Reduction of the Workweek to 40 Hours. The discussion regarding the labor reform to reduce the weekly work schedule from 48 to 40 hours remains a relevant topic on the
Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage Claims
On Aug. 21, 2025, the California Supreme Court issued its decision in Iloff v. LaPaille (18 Cal. 551 (2025)), addressing the standard employers must meet in order to assert a
Continue Reading Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage Claims
Mexico Implements New Subcontracting Inspection Protocol and Announces Minimum Wage Increase for 2026
Mexico’s labor landscape is undergoing changes as the Ministry of Labor and Social Welfare (STPS) introduces a new Inspection Protocol on Subcontracting and the federal government announces a substantial increase in the minimum wage for 2026.
California Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026
When employers offer new hires a sign-on bonus or existing employees a retention bonus, they typically structure the bonuses as an upfront payment subject to a conditional repayment obligation if
Continue Reading California Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026
ERISA Document Disclosure: Zavislak v. Netflix, Inc. and the Ninth Circuit’s Narrow Reading of Section 104
In a significant decision for employers, plan administrators, and ERISA practitioners, the Ninth Circuit’s recent ruling in Zavislak v. Netflix, Inc. reaffirms a narrow interpretation of the disclosure requirements under ERISA Section 104(b)(4) and offers insight into how courts may treat compliance delays during extraordinary circumstances.
California Court of Appeal Warns Against Attorney Misuse of Artificial Intelligence
On Sept. 12, 2025, the first California court issued an explicit “warning” to attorneys who use AI as part of their legal practice. In Sylvia Noland v. Land of the
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PAGA Plaintiffs Are Losing Their Heads!
Out in the cold, dark night rides the headless horseman, and he has a grievance. It is with his former employer who he thinks (with his head in hand) has treated his former colleagues poorly and violated the California Labor Code.
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UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases
On 8 July, the UK Government announced plans to end the use of non-disclosure agreements in cases involving harassment and discrimination. The Employment Rights Bill is currently being examined by the House of Lords, following which it will return to the House of Commons and will likely pass into law later this year.
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UPDATE: LWDA Not Liable for Costs in PAGA Action
As we reported last year, the Alameda Superior Court in Rose v. Hobby Lobby Stores, Inc., ordered the Labor Workforce Development Agency (LWDA)—you read that correctly, the state
Continue Reading UPDATE: LWDA Not Liable for Costs in PAGA Action