On October 13, 2023, California Governor Gavin Newsom signed AB 1076 into law. AB 1076 codifies Edwards v. Arthur Andersen LLP (2008) 44 Cal. 4th 937, which held that any noncompete in an employment context, no matter how narrowly tailored,
Dykema Labor & Employment Law Blog
The Dykema Labor & Employment Law Blog, published by Dykema, covers a range of topics related to labor and employment law. It addresses legislative updates and compliance obligations, including changes in state employment laws such as those in Illinois and California. The blog discusses regulatory enforcement trends, such as FTC scrutiny of non-compete agreements, and provides guidance on emerging workplace issues like the use of artificial intelligence. It also covers federal labor law preemption in specialized industries, union activity, wage and hour regulations, employee leave laws, and employment contract considerations. The blog serves as a resource for employers to understand evolving legal requirements and labor relations developments.
Latest from Dykema Labor & Employment Law Blog - Page 6
Chicago Passes Expansive Paid Leave Ordinance
On November 9, 2023, the Chicago City Council passed a new Paid Leave and Paid Sick Leave Ordinance, which replaces the current Paid Sick Leave Ordinance, and grants up to 10 total days of paid time off per year…
The Rules on Who’s a Joint Employer Have Dramatically Changed
By Robert Boonin & Sean Darke
Over the past decade or so, there’s been much effort by the government to expand the scope of who may be deemed a joint employer. Those efforts have been to make contractors and their subcontractors, franchisors and their franchisees, and…
DOL Proposes New White Collar Exemption Regulations – Legal Issues Abound!
On August 30, 2023, the U.S. Department of Labor announced its proposed new regulations on who can be treated as exempt from overtime pay. These proposals have been in the pipeline for nearly two years, with many in the business…
EEOC’s Notice of Proposed Rulemaking to Implement the Pregnant Workers Fairness Act (PWFA)
By Dykema
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register for implementing the PWFA. The EEOC has invited the public to comment on the proposed regulations during a comment period that will…
Title VII & DEI Program Implications of the Supreme Court’s Recent Affirmative Action Decision
As observed in Dykema’s original alert on the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Nos. 20-1199 & 21-707, corporate diversity, equity, and inclusion policies may be impacted by the Court’s…
Employee Handbooks: The Pendulum Swings Back Questioning the Legality of Many Common Policies
Over the last two years, the National Labor Relations Board (“NLRB”) has been aggressively trying to expand its coverage in a manner that has taken many employers of non-unionized employees by surprise. Many rules and concepts that have been in…
Sweeping Changes to Illinois Day and Temporary Labor Services Act Now in Effect
On August 4, 2023, Governor Pritzker signed into law a recent overhaul of the Illinois Day and Temporary Labor Services Act (the “Act”). Since the Act was passed in 2000, the number of low-wage day or temporary laborers (“Temporary Workers”)…
Workplace Drug Testing Update
As legal markets for recreational marijuana continue to open up in the U.S., and public opinion about responsible marijuana use slides towards acceptance, the requirements for employment-related drug testing are slowly evolving to meet the moment. News articles and blog…
The California Supreme Court Rules on PAGA Standing
By Tim Trunzo & Dykema
On July 17, 2023, the California Supreme Court issued an opinion in Erik Adolph v. Uber Technologies, Inc., settling the issue of whether a Plaintiff’s non-individual PAGA claims must be dismissed if the Plaintiff’s individual PAGA claims are compelled to…