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.
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
Continue Reading California Court of Appeal Warns Against Attorney Misuse of Artificial Intelligence
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.
Continue Reading PAGA Plaintiffs Are Losing Their Heads!
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.
Continue Reading UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases
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
On May 1, 2025, the Department of Labor (DOL) issued a field assistance bulletin providing guidance to the DOL’s Wage and Hour Division staff about the “analysis to apply when
Continue Reading Department of Labor’s New Guidance on Enforcing Biden Administration’s Independent Contractor Rule
This GT Alert discusses two bills, New York Senate Bill S4641 and New Jersey Senate Bill S1688, which propose changes to the landscape of restrictive covenants in these states.
Continue Reading New Jersey and New York Lawmakers Propose New Limits on Restrictive Covenants
While welcome news to most employers, those in California are unlikely to be impacted by the U.S. Supreme Court’s recent ruling in E.M.D. Sales, Inc. v. Carrera, 220 L. Ed.
Continue Reading E.M.D. Sales: A Reminder That California Stands Out from the Crowd
In a sharply worded notice, the Labor & Workforce Development Agency (LWDA) recently demanded that a plaintiff-side law firm amend over 100 Private Attorneys General Act (PAGA) notices it had
Continue Reading The LWDA: There’s a New Sheriff in Town
The U. S. Supreme Court unanimously decided in E.M.D. Sales, Inc. v. Carrera that the standard of “preponderance of the evidence” is to be used in cases where an employer
Continue Reading Supreme Court Holds FLSA Exemptions Do Not Require Heightened Evidence Standards