Vermont is the latest jurisdiction to enact a pay transparency law, joining other localities such as California, Colorado, Illinois, Maryland and Washington, D.C., Minnesota, New York, and
Continue Reading Vermont Joins Pay Transparency Trend with New Job Posting Law
On July 13, 2023, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program (NEP) to prevent workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail
Continue Reading Employers, Be-Ware(house)!
On Jan. 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a memorandum to Regional and Area Offices providing guidance when issuing Instance-By-Instance (IBI) citations for “high-gravity” serious violations
Continue Reading Death by One Thousand ‘Instances’: OSHA’s New Instance-by-Instance Penalty Policy
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
In May 2021, New York state passed a law governing certain health requirements in connection with returning to work after COVID-19. The New York Health and Essential Rights Act (NY
Continue Reading New York State Publishes HERO Act Model and Industry Plans for Returning to Work
In recent weeks, a number of federal legislative measures have been introduced that, if passed, will have significant impacts on federal labor and employment policies. This GT Alert reviews the
Continue Reading Federal Labor & Employment Legislation to Watch: Paycheck Fairness Act, PRO Act, and FAMILY Act
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
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?
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
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