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Global Developments In Labor & Employment Law

Topics

AB 5

’Tis the Season for California’s 2025 Legislative Update: Employer ConsiderationsCourt of Appeal Puts Rideshare Companies Back in the Driver’s SeatNinth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause

AB 51

The End of AB 51?Employers Score Another Hit Against AB 51 as Preliminary Injunction Extends Prohibition on Enforcement by State of California

ADA

Pregnant Workers Fairness Act Requires Employers to Provide Reasonable Accommodations Effective June 27Breaking the Sound Barrier: Navigating Hearing Disabilities in the WorkplaceGreenberg Traurig Releases Asked & Answered: A Labor & Employment Law Podcast Episode 2

Antitrust

Challengers Take on FTC’s Nationwide Ban on Noncompete AgreementsFTC Votes to Ban Noncompete Clauses NationwideDOJ and FTC Issue Joint Antitrust Statements for Businesses and Workers in Response to COVID-19 Pandemic

Arbitration

CA Supreme Court Says Not So Fast on Draconian Arbitration Invoice Payment RulesThe End of AB 51?California Supreme Court to Have ‘Last Word’ on Viking River

Artificial Intelligence (AI)

California Expands Whistleblower Retaliation Protections for Employees in the AI SectorCalifornia Court of Appeal Warns Against Attorney Misuse of Artificial IntelligenceColorado Delays Comprehensive AI Law With Further Changes Anticipated

automated employment decision tools (AEDT)

Beyond Bias: California Sets a New Standard for Regulating AI in the WorkplaceNYC Starts Regulating Employer Use of Artificial Intelligence, Indicating a Potential TrendAI In Employment Decisions

Awards and Accolades

10 GT Labor & Employment Attorneys Named to Thomson Reuters Stand-out Lawyers List22 Greenberg Traurig Attorneys Recognized in 2024 Benchmark Litigation Labor & Employment Guide18 Greenberg Traurig Attorneys Recognized in 2024 Lawdragon 500 Corporate Employment Lawyers Guide

Benefits

The DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave ProgramsReform to Mexico's Federal Labor Law Related to Digital PlatformsChanges Ahead for Massachusetts Paid Family and Medical Leave Benefits, Contribution Rates

Biden

Department of Labor’s New Guidance on Enforcing Biden Administration’s Independent Contractor RuleDepartment of Labor Proposes to Reinstate Economic Realities Test for Independent Contractors Under FLSANLRB Proposes New Joint-Employer Standard

Business Continuity Amid COVID-19

Staunch Competition - Trade Secrets and Restrictive CovenantsNew York Employers: Continue Implementing Your Airborne Infectious Disease Exposure Prevention Plans and Review Your Masking PoliciesPhiladelphia to Require Proof of COVID-19 Vaccinations to Dine Indoors, Attend Sporting Events

California

’Tis the Season for California’s New Employment Laws: Employer Considerations for 2026California Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026California Expands Whistleblower Retaliation Protections for Employees in the AI Sector

California L&E Group

’Tis the Season for California’s New Employment Laws: Employer Considerations for 2026Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage ClaimsCalifornia Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026

Choice of law

Federal Court in Minnesota finds choice of law provision unenforceable based on California Labor Code section 925

class action

Ninth Circuit Opens New Path Back to State Court for Class Actions Removed to Federal CourtFore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective ActionsThe Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions

Club Venue Employee Regulations

Nevada Gaming Regulators Begin Overseeing Las Vegas Nightclubs and Dayclubs

collective action

Ninth Circuit Opens New Path Back to State Court for Class Actions Removed to Federal CourtReform to Mexico's Federal Labor Law Related to Digital PlatformsFore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective Actions

Colorado

2025 Round-Up: Major Colorado Employment Law DevelopmentsColorado Supreme Court Confirms That Two- to Three-Year Statute of Limitations (Not Six Years) Applies to Colorado Minimum Wage Act ClaimsColorado Delays Comprehensive AI Law With Further Changes Anticipated

Compensation

’Tis the Season for California’s New Employment Laws: Employer Considerations for 2026California Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026’Tis the Season for California’s 2025 Legislative Update: Employer Considerations

Competition Law

Talent Wars: How Competition Laws Apply to UK Recruitment

Constitution

States Immune From Self-Care FMLA Claims

Contracts

New Jersey and New York Lawmakers Propose New Limits on Restrictive CovenantsPennsylvania Federal Court Declines to Enjoin FTC's Noncompete BanNY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum

coronavirus

’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsStaunch Competition - Trade Secrets and Restrictive CovenantsCalifornia Employers Will Ring in The New Year With More Coal Than Presents

COVID-19

ERISA Document Disclosure: Zavislak v. Netflix, Inc. and the Ninth Circuit’s Narrow Reading of Section 104May 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part One’Tis the Season for California’s 2023 Legislative Update: Employer Considerations

Department of Labor

Department of Labor’s New Guidance on Enforcing Biden Administration’s Independent Contractor RuleThe DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave ProgramsTexas Court Strikes Down DOL Salary Threshold Increase; DOL Appeals

Disability

A Breath of Fresh Air for Employers Managing Extended Medical LeavesDOL Proposes Rule to Phase Out Sub-Minimum Wage for Workers with DisabilitiesBreaking the Sound Barrier: Navigating Hearing Disabilities in the Workplace

Discrimination

UK Employment Appeal Tribunal Rules on Protection Against Disability Discrimination for Workers With ADHD and AutismUK Government Proposes Ban on NDAs in Harassment and Discrimination CasesBeyond Bias: California Sets a New Standard for Regulating AI in the Workplace

Diversity

5 Trends to Watch: 2024 Labor & EmploymentEmployer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor UnconstitutionalJudge Rules That Gender Quotas for Corporate Board Members Violate the California Constitution

Dodd-Frank Act

SCOTUS Rules Dodd-Frank Does Not Protect Internal WhistleblowingSCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers

drug testing

California Will Soon Protect Employees’ Off-Duty Cannabis Use’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsNew California Legislation Will Not Allow Employers to Prohibit Off-the-Job Marijuana Use for Much Longer

Earned Safe and Sick Time Act (ESSTA)

New York City Safe and Sick Time Rules AmendedProposed Bill Would Provide Employees with a Private Right of Action Under New York City’s Earned Safe and Sick Time ActNew York State and New York City Paid Safe and Sick Leave Laws

earned wages

Supreme Judicial Court Rules that Retention Bonus Not a ‘Wage’ Under Massachusetts LawIllinois Enacts New Pay Stub Obligations’Tis the Season for California’s 2023 Legislative Update: Employer Considerations

EEOC

Supreme Court Eliminates Heightened Discrimination Standard Under Title VIIEEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act5 Trends to Watch: 2024 Labor & Employment

emerging technology

EEOC Secures First Workplace Artificial Intelligence SettlementA Non-Compete Law Roadmap for Tech Start-Ups in Key JurisdictionsImpact of New Massachusetts Noncompete Law on Emerging Tech Companies

Employee Benefits

’Tis the Season for California’s New Employment Laws: Employer Considerations for 2026New Year, New Rules: Illinois Mandates Pay Transparency Requirements in 2025’Tis the Season for California’s 2023 Legislative Update: Employer Considerations

Employee Classifications

Department of Labor’s New Guidance on Enforcing Biden Administration’s Independent Contractor RuleE.M.D. Sales: A Reminder That California Stands Out from the CrowdCourt of Appeal Puts Rideshare Companies Back in the Driver’s Seat

Employee Handbook

NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook PoliciesNational Labor Relations Board Kicks Off Rulemaking for Election ProceduresShould Employers Have Employee Handbooks?

Employee Policies

Massachusetts Pay Transparency Law Takes Effect on Oct. 29, 2025Reform to Mexico's Federal Labor Law Related to Digital PlatformsIllinois Enacts New Pay Stub Obligations

Employee Retention Credit

Possible Early End to Employee Retention Tax Credit Could Mean Trouble for Businesses Monetizing Credit Before End of 4th Quarter

Employee Stock Ownership Plan

Unique Strategy in ERISA Class Action Results in Zero Liability to Defendants

Employer

A Breath of Fresh Air for Employers Managing Extended Medical Leaves2025 New Jersey Employment Law UpdatesNew Jersey May Soon Mandate Pay Transparency in Job Postings: Implications for Employers

Employment Agreement

California Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower RuleNew Act Expands Colorado Anti-Discrimination Law and Limits Non-Disclosure Agreements

Employment Law

’Tis the Season for California’s New Employment Laws: Employer Considerations for 20262025 Round-Up: Major Colorado Employment Law DevelopmentsCalifornia Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026

Equal Pay

Cleveland Enacts Salary History and Pay Transparency LawColorado’s Equal Pay Act: Amended Job Notification Requirements and Increased Enforcement AheadPulling Back the Curtains on California’s New Pay Data Reporting Law

ERISA

ERISA Document Disclosure: Zavislak v. Netflix, Inc. and the Ninth Circuit’s Narrow Reading of Section 104The Tide May Be Turning on Flood of ERISA Excessive Fee Class ActionsCharting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’ 

ERISA & Employee Benefits Litigation

ERISA Document Disclosure: Zavislak v. Netflix, Inc. and the Ninth Circuit’s Narrow Reading of Section 104The Tide May Be Turning on Flood of ERISA Excessive Fee Class ActionsCharting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’ 

ETS

Cal/OSHA Revises COVID-19 Prevention Emergency Temporary Standards

EU

Wage Transparency Legislation: Implementation Across Europe and the United StatesUse of AI in Recruitment and Hiring – Considerations for EU and US CompaniesThe Act Implementing the EU Directive on Transparent and Predictable Working Conditions: An Overview

Event

Nov. 13-16 EVENT | ABA’s Labor and Employment Law ConferenceSept. 5 WEBINAR | Politics and Protest: Maintaining Workplace Harmony in Turbulent TimesAug. 7 WEBINAR: Navigating the Noncompete Clause Ban: Planning for Potential Implementation of the FTC Final Rule

Executive Order

President Trump Signs Executive Order Regarding Disparate-Impact Liability

FAA

The End of AB 51?In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For NowEmployee’s Choice: No More Forced Arbitration of Sexual Harassment and Sexual Assault Claims

Fair Workweek

Fair Workweeks: Navigating the Patchwork of Predictive Scheduling LawsLos Angeles Retail Employers: New Fair Workweek Obligations Take Effect April 1. Are They Fair?The Act Implementing the EU Directive on Transparent and Predictable Working Conditions: An Overview

Featured

UK Employment Rights Act 2025: Key Reforms, Timeline, and Practical Considerations for Employers’Tis the Season for California’s New Employment Laws: Employer Considerations for 2026UK Government Reforms Unfair Dismissal Regime

Federal Acquisition Regulation

Interim Rule Issued Amending Federal Acquisition Regulations (FAR) to Implement EO 14026, Increasing the Minimum Wage for Federal Contractors

Federal Contractors

Employer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor UnconstitutionalInterim Rule Issued Amending Federal Acquisition Regulations (FAR) to Implement EO 14026, Increasing the Minimum Wage for Federal ContractorsInterim Rule Issued Amending Federal Acquisition Regulations (FAR) to Implement EO 14026, Increasing the Minimum Wage for Federal Contractors

Federal Law

The DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave ProgramsTexas Court Strikes Down DOL Salary Threshold Increase; DOL AppealsTexas Federal Court Sets Aside FTC’s Noncompete Ban

fiduciary

The Tide May Be Turning on Flood of ERISA Excessive Fee Class ActionsTop Massachusetts Court Rules in Favor of Employer in Wage Act Case of Calixto v. Coughlin

Florida

Florida CHOICE Act Takes Effect: Protections for Noncompete and Garden Leave AgreementsFlorida CHOICE Act: New Protections for Noncompete and Garden Leave AgreementsNew Florida Employment Laws Effective July 1

FLSA

Virginia Expands Definition of ‘Low-Wage’ Employees and NoncompetesE.M.D. Sales: A Reminder That California Stands Out from the CrowdSupreme Court Holds FLSA Exemptions Do Not Require Heightened Evidence Standards

FMLA

Massachusetts Paid Family and Medical Leave Act: What Employers Need to KnowNo Back to SchoolHouse Modifications to H.R. 6201, Families First Coronavirus Response Act

Global Workforce Strategies

Crossing Borders: Employment Considerations – English IS a Second LanguageCrossing Borders: Employment Considerations - Is Employment a Universal Concept?Implications of the Zika Virus on Employment-Related Travel

GT Alert

UK Employment Rights Act 2025: Key Reforms, Timeline, and Practical Considerations for Employers’Tis the Season for California’s New Employment Laws: Employer Considerations for 2026UK Government Reforms Unfair Dismissal Regime

Harassment

UK FCA Expands the Reach of COCON and Consults on Non-Financial MisconductReform to Mexico's Federal Labor Law Related to Digital Platforms‘PARENTAL ADVISORY’: How Music in the Workplace Can Lead to Liability

Health Care

New Texas Law Limits Health Care Provider Noncompetes

home care

Court of Appeals Upholds DOL’s Interpretation of NY’s Minimum Wage Order as Applied to Live-In Home Health Aides

home health aide

Court of Appeals Upholds DOL’s Interpretation of NY’s Minimum Wage Order as Applied to Live-In Home Health Aides

Illinois

Illinois Expands Workplace Protections: Employer ConsiderationsNew Year, New Rules: Illinois Mandates Pay Transparency Requirements in 2025Illinois Enacts New Pay Stub Obligations

Immigration

Feb. 15 EVENT | The Intersection of Employment and Immigration Law in the Employee Hiring and Termination ProcessHow a Government Shutdown Could Impact Immigration Programs and ServicesAug. 17 EVENT | What Every Non-U.S. Employer Should Know About U.S. Employment Law

Independent Contractors

Department of Labor’s New Guidance on Enforcing Biden Administration’s Independent Contractor RuleFore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective ActionsDOL Unveils Final Independent Contractor Rule

International Labor & Employment

UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases2025 Mexico Minimum Wage ChangesThe Act Implementing the EU Directive on Transparent and Predictable Working Conditions: An Overview

Joint Employer

NLRB Announces Expanded Joint-Employer StandardNLRB Proposes New Joint-Employer StandardJoint Employment Update: NLRB Issues Final Rule; 17 States Sue to Enjoin New DOL Rule

Labor

UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases’Tis the Season for California’s 2025 Legislative Update: Employer ConsiderationsMassachusetts Wage Transparency Bill Signed into Law by Gov Healey Joining Other States

Labor & Employment

PAGA Plaintiffs Are Losing Their Heads!UK Employment Appeal Tribunal Rules on Protection Against Disability Discrimination for Workers With ADHD and AutismAsked & Answered | GT’s Labor & Employment Podcast Episode 10: The Pregnant Workers Fairness Act – What Employers Need to Know Now

Labor Code 925

Federal Court in Minnesota finds choice of law provision unenforceable based on California Labor Code section 925

Latin America Practice

2025 Mexico Minimum Wage ChangesMexico to Increase General Minimum Wage by 20% in 2024Greenberg Traurig’s Labor & Employment Practice Expands to Mexico City Office

LAUSD strike

The LAUSD Strike and Its Impact on Employers

Legalization of Marijuana

Proposed Marijuana Reclassification and Impact on EmployersCalifornia Will Soon Protect Employees’ Off-Duty Cannabis Use’Tis the Season for California’s 2023 Legislative Update: Employer Considerations

Legislation

California Attempts to Restrict Mandatory Captive Audience MeetingsBIPA Update: Illinois Limits Liability and Clarifies Electronic Consent for Biometric Data CollectionEmployers Await Supreme Court's Ruling on the Future of 'Chevron' Deference

Litigation

Ninth Circuit Opens New Path Back to State Court for Class Actions Removed to Federal CourtSupreme Judicial Court Rules that Retention Bonus Not a ‘Wage’ Under Massachusetts LawCalifornia Court Turns Up the Heat: PG&E Case Requires Employees Claiming Defamation to Prove Damages Beyond Their Termination

Mandate

New York State Indoor Mask Mandate Begins Dec. 13

Marijuana

Proposed Marijuana Reclassification and Impact on EmployersCalifornia Will Soon Protect Employees’ Off-Duty Cannabis Use’Tis the Season for California’s 2023 Legislative Update: Employer Considerations

Massachusetts

Supreme Judicial Court Rules that Retention Bonus Not a ‘Wage’ Under Massachusetts LawMassachusetts Pay Transparency Law Takes Effect on Oct. 29, 2025Nonsolicitation Agreement Forfeiture Clause Falls Outside Massachusetts Noncompetition Act

Mexico City

Mexico Implements New Subcontracting Inspection Protocol and Announces Minimum Wage Increase for 2026Reform to Mexico's Federal Labor Law Related to Digital Platforms2025 Mexico Minimum Wage Changes

minimum wage

Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage ClaimsMexico Implements New Subcontracting Inspection Protocol and Announces Minimum Wage Increase for 2026Colorado Supreme Court Confirms That Two- to Three-Year Statute of Limitations (Not Six Years) Applies to Colorado Minimum Wage Act Claims

Minnesota employment law

Minnesota Passes New Job Posting Transparency LawFederal Court in Minnesota finds choice of law provision unenforceable based on California Labor Code section 925

Nevada

Nevada Mandates Paid Time Off for WorkersNevada Gaming Regulators Begin Overseeing Las Vegas Nightclubs and Dayclubs

New Jersey

New Jersey Pay Transparency Law: NJ DOL Releases GuidanceNew Jersey and New York Lawmakers Propose New Limits on Restrictive Covenants2025 New Jersey Employment Law Updates

New York

New Jersey and New York Lawmakers Propose New Limits on Restrictive CovenantsFore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective ActionsEmployment: North America 2024 - USA - New York (Lexology Panoramic)

New York Department of Labor

New York State Minimum Wage Increase Effective Jan. 1, 2024Cannabis and the Workplace: New York DOL Clears the Smoke with New GuidanceNew York Department of Labor Issues Guidance on Use of COVID-19 Sick Leave

New York State Health Department

New York State Indoor Mask Mandate Begins Dec. 13

New York's Paid Family Leave

Paid Family Leave in New York Expanded

NLRB

NLRB Announces Expanded Joint-Employer StandardSept. 28 WEBINAR | Historic NLRB Ruling Gives Workers Path to Unionize Without Having to VoteNLRB Creates New Election Standard

NLRB Elections

Sept. 28 WEBINAR | Historic NLRB Ruling Gives Workers Path to Unionize Without Having to VoteNational Labor Relations Board Kicks Off Rulemaking for Election ProceduresGet Ready for Even Quicker ‘Quickie’ Elections—NLRB Abandons Requirement for Signed Authorization Cards

non-competition agreements

Colorado Passes Bill Banning Most Physician Non-Compete AgreementsFirst Circuit Denies Extraterritorial Effect of California Noncompete LawTexas Federal Court Sets Aside FTC’s Noncompete Ban

NY HERO

New York Employers: Continue Implementing Your Airborne Infectious Disease Exposure Prevention Plans and Review Your Masking PoliciesNY Extends to Dec. 15 Designation of COVID-19 as ‘Highly Contagious Communicable Disease,’ Continuing Employer Obligations Under HERO Act

NYCCHR

NYC Passes Bill to Update Human Rights Law to Include Discrimination Based on Height, WeightNYC Commission on Human Rights Issues Guidance on Race Discrimination on the Basis of Hair

opioids

New Patient-Brokering Prohibitions Affect Treatment Facilities and Laboratories

OSHA

Preventing Heat Exposure Indoors: New Rule for California EmployersAdam Roseman Quoted in Bloomberg Law About OSHA's Hazard Communication StandardOSHA's Updated Hazard Communication Standard: Chemical Awareness Is Key

overtime

E.M.D. Sales: A Reminder That California Stands Out from the CrowdTexas Court Strikes Down DOL Salary Threshold Increase; DOL AppealsNew Florida Employment Laws Effective July 1

PAGA

UPDATE: LWDA Not Liable for Costs in PAGA ActionThe LWDA: There’s a New Sheriff in TownHate to Be Mean, PAGA Plaintiffs Can’t Intervene

Paid Leave

A Breath of Fresh Air for Employers Managing Extended Medical LeavesThe DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave ProgramsReform to Mexico's Federal Labor Law Related to Digital Platforms

Pennsylvania

Pennsylvania Federal Court Declines to Enjoin FTC's Noncompete Ban3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in CircuitFifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action

Philadelphia

Philadelphia to Require Proof of COVID-19 Vaccinations to Dine Indoors, Attend Sporting Events

Platform Work

EU Platform Work Package: What Does It Mean for Platform Businesses?

Platform Work Package

EU Platform Work Package: What Does It Mean for Platform Businesses?

Podcast

Asked & Answered | GT’s Labor & Employment Podcast Episode 10: The Pregnant Workers Fairness Act – What Employers Need to Know NowGreenberg Traurig Releases Asked & Answered: A Labor & Employment Law Podcast Episode 2

Privacy

’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsTimothy Long and Philip I. Person Publish Employment Law Yearbook 2022Illinois Appellate Court (First District) Concludes Separate Limitations Periods Apply to Different Violations of the Illinois Biometric Information Privacy Act

Privacy & Cybersecurity

BIPA Update: Illinois Limits Liability and Clarifies Electronic Consent for Biometric Data Collection’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsIllinois Appellate Court (First District) Concludes Separate Limitations Periods Apply to Different Violations of the Illinois Biometric Information Privacy Act

Publications

Timothy Long and Philip I. Person Publish Employment Law Yearbook 2022NJ Justices' Ruling Instructs On Hostile Workplace ClaimsGreenberg Traurig Publishes a 50-State and DC Survey with the ACC on Covenants Not to Compete

Restaurant industry

Tipped Wage Question to Appear on Massachusetts 2024 BallotEffective April 1, California’s ‘Fast Act’ Covers More Than ‘Fast Food,’ Comes with Significant ImplicationsCalifornia AB 1228 Delayed: Bill Proposes Joint-Employer Theory of Liability Between Franchisor, Franchisee in CA’s Fast-Food Industry

Restrictive Covenants

New Jersey and New York Lawmakers Propose New Limits on Restrictive CovenantsPennsylvania Federal Court Declines to Enjoin FTC's Noncompete BanNY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum

Retaliation

Court of Appeals Decision May Offer Employers Relief for Attorneys’ Fees Under California Labor Code Section 1102.5’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsCA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims

Retirement

NJ Expands Law Against Discrimination to Further Protect Private-Sector Workers Over 70COVID-19 and Retirement Plan Partial TerminationsFirst Circuit Concludes That Two Private Equity Funds Were Not Liable for Pension Fund Withdrawal Liability of Portfolio Company

Return to Work

’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsGreenberg Traurig Releases Asked & Answered: A Labor & Employment Law Podcast Episode 2

salary history

Cleveland Enacts Salary History and Pay Transparency LawNew Pay Transparency and Wage History Requirements in Maryland and Washington, D.C.New York, New Jersey Employers Now Prohibited From Inquiring About Salary History

Sarbanes-Oxley

SCOTUS Rules Dodd-Frank Does Not Protect Internal WhistleblowingNinth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing

SEC

SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower RuleSCOTUS Rules Dodd-Frank Does Not Protect Internal WhistleblowingNinth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing

Senate

Non-Health Care California Employers Will Soon Need to Comply with Workplace Violence Prevention RequirementsStaunch Competition - Trade Secrets and Restrictive Covenants

settlement agreements

New Act Expands Colorado Anti-Discrimination Law and Limits Non-Disclosure AgreementsNew Jersey Passes Law Eroding Bedrock of Settlement – Confidentiality Provisions Relating to Discrimination, Retaliation, and Harassment Claims No Longer Enforceable

Sexual Harrassment

‘PARENTAL ADVISORY’: How Music in the Workplace Can Lead to LiabilityNew Act Expands Colorado Anti-Discrimination Law and Limits Non-Disclosure Agreements’Tis the Season for California’s 2023 Legislative Update: Employer Considerations

Sick Leave

California Expands Paid Sick Leave Entitlements, Effective Jan. 1, 2024New York City Safe and Sick Time Rules AmendedCalifornia Paid Sick Leave Claims May Be Enforced Under PAGA

Social Media

Will the Decision Invalidating the NLRB Recess Appointments Change the NLRB’s View Towards Employee Use of Social Media

start-ups

A Non-Compete Law Roadmap for Tech Start-Ups in Key JurisdictionsImpact of New Massachusetts Noncompete Law on Emerging Tech Companies

State Law

Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage ClaimsBeyond Bias: California Sets a New Standard for Regulating AI in the WorkplaceNew Year, New Rules: Illinois Mandates Pay Transparency Requirements in 2025

Supreme Court

Supreme Court Eliminates Heightened Discrimination Standard Under Title VIISupreme Court Holds FLSA Exemptions Do Not Require Heightened Evidence StandardsSCOTUS Cases for Employers to Watch in the October Term 2024

Tax

Proposed Treasury Rules on Prevailing Wage and Apprenticeship for Clean Energy Credits Incentivize Use of Project Labor AgreementsTelecommuters Assigned to the NY Location of Their Employer but Working Outside NY Due to the Pandemic May Be Taxed TwiceEmployee Retention Tax Credit Enhanced and Extended by COVID-19 Stimulus Package

Telecommuting

Virginia Letter Ruling Finds Nexus Based on Employee Working From Home

Texas

New Texas Law Limits Health Care Provider NoncompetesTexas Federal Court Sets Aside FTC’s Noncompete BanTexas Federal Court Partially Blocks FTC's Noncompete Ban

The Netherlands

Dutch Labor, Employment and Pensions UpdateDutch Labor, Employment, and Pensions UpdateEmployment and Pension Law Update 2019: The Netherlands

Trade Secrets

5 Trends to Watch: 2025 Trade SecretsFirst Circuit Denies Extraterritorial Effect of California Noncompete LawVirginia Appeals Court Reverses $2 Billion Trade Secret Verdict, Remands Case for New Trial

Trump Administration

President Trump Signs Executive Order Regarding Disparate-Impact Liability

UK Employment

UK Employment Rights Act 2025: Key Reforms, Timeline, and Practical Considerations for EmployersUK Government Reforms Unfair Dismissal RegimeUK Government Working Paper: Options to Reform Noncompete Clauses in Employment Contracts

Uncategorized

Vermont Joins Pay Transparency Trend with New Job Posting LawEmployers, Be-Ware(house)!3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit

Unions

’Tis the Season for California’s 2025 Legislative Update: Employer ConsiderationsCalifornia Attempts to Restrict Mandatory Captive Audience MeetingsCalifornia Governor Signs Bill Allowing Staff to Unionize…in 2026

Vaccine

California Employers Will Ring in The New Year With More Coal Than PresentsPhiladelphia to Require Proof of COVID-19 Vaccinations to Dine Indoors, Attend Sporting EventsGreenberg Traurig Releases Asked & Answered: A Labor & Employment Law Podcast Episode 2

Wage & Hour

Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage ClaimsHate to Be Mean, PAGA Plaintiffs Can’t InterveneImplications of California Senate Bill 365 for Employers in Light of Estrada

wage theft

’Tis the Season for California’s New Employment Laws: Employer Considerations for 20265 Trends to Watch in California Labor & Employment Law 2022Collision: Collateral Effects of California’s Lawsuits Against Lyft and Uber

wages

Ignorance Is Not Bliss for Employers Asserting Good Faith Defense to Liquidated Damages in Minimum Wage ClaimsSupreme Judicial Court Rules that Retention Bonus Not a ‘Wage’ Under Massachusetts LawWage Transparency Legislation: Implementation Across Europe and the United States

WARN

New Jersey’s Mini-WARN Act Amendments, Including Mandatory Severance, Now in Effect’Tis the Season for California’s 2023 Legislative Update: Employer ConsiderationsTop Massachusetts Court Rules in Favor of Employer in Wage Act Case of Calixto v. Coughlin

Whistleblower

Court of Appeals Decision May Offer Employers Relief for Attorneys’ Fees Under California Labor Code Section 1102.5SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower RuleCA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims

Workers' Compensation Act

Recent Florida Supreme Court Decisions on Workers’ Compensation Could Lead to Higher Premiums

Workplace

UK Government Proposes Ban on NDAs in Harassment and Discrimination CasesSept. 5 WEBINAR | Politics and Protest: Maintaining Workplace Harmony in Turbulent TimesEEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act

Workplace Safety

Preventing Heat Exposure Indoors: New Rule for California EmployersAdam Roseman Quoted in Bloomberg Law About OSHA's Hazard Communication StandardOSHA's Updated Hazard Communication Standard: Chemical Awareness Is Key

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