The UK national government has announced, in relation to England only, a programme of progressive easing of current lockdown measures due to Coronavirus Disease 2019 (COVID-19). With respect to working
Continue Reading UK Employer COVID-19 Return-to-Work and Reporting Obligations Under RIDDOR
New Jersey Federal Court Declares State’s New Equal Pay Act Does Not Apply Retroactively – Will State Courts Agree?
On Jan. 15, 2019, U.S. District Judge William J. Martini ruled that New Jersey’s newly minted Diane B. Allen Equal Pay Act (NJEPA), enacted April 24, 2018, and by its
Continue Reading New Jersey Federal Court Declares State’s New Equal Pay Act Does Not Apply Retroactively – Will State Courts Agree?
California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims
On July 26, 2018, the California Supreme Court issued a long-awaited decision in Troester v. Starbucks Corporation, in which it considered the applicability of the de minimis doctrine to claims
Continue Reading California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims
Ninth Circuit Broadens California Rule Against Non-Competes
Drafting an effective employment agreement or release has become a challenging endeavor for a new reason. In Golden v. California Emergency Physicians Medical Group, the U.S. Court of Appeals for the Ninth Circuit added another source of concern to those employers who deploy “no re-hire” provisions in releases. Following Golden, a fact-intensive inquiry may be required into the particular provision to determine if it constitutes “a restraint of a substantial character,” — here, whether or not there was a restraint of a substantial character of Dr. Golden’s medical practice. And, given the Ninth Circuit’s reading of California law, Golden may also have implications well beyond the employment context, possibly extending to certain commercial contracts as well, to the extent they can be said to restrain anyone from engaging in a lawful profession, trade or business.
Continue Reading Ninth Circuit Broadens California Rule Against Non-Competes
Illinois Legislature Passes Major Changes to Illinois Employment Laws
With Adam Braun
When the Illinois General Assembly adjourned the 2013 Spring Session on May 31st, it set the stage for substantial changes to Illinois employment law. The General Assembly
Continue Reading Illinois Legislature Passes Major Changes to Illinois Employment Laws
Federal court upholds Arizona’s secret ballot amendment
We’ve been covering constitutional amendments passed in four states that guarantee a secret ballot in all union elections. Shortly after the amendments were enacted, the NLRB challenged Arizona’s amendment in
Continue Reading Federal court upholds Arizona’s secret ballot amendment
Maryland may become first state to ban employers from asking applicants and employees for access to their social media accounts
We’ve been following the issue of employers asking applicants and employees for access to their social media accounts. Despite limited data of how widespread this practice is, the issue has
Continue Reading Maryland may become first state to ban employers from asking applicants and employees for access to their social media accounts
NLRB adopts controversial amendments to union election case procedures
We’ve been following the NLRB’s proposed amendments to the rules and regulations governing union election cases over the past few weeks. Today, the Board voted 2–1 to adopt the Chairman’s
Continue Reading NLRB adopts controversial amendments to union election case procedures