Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that the company is the “employer.” In a new decision, the California Supreme Court held that employees cannot sue payroll companies for unpaid wages under theories that the employee is a third-party beneficiary of the contract between the employer and the…
California employers and their legal counsel reasonably had assumed that California law distinguishes employee non-solicitation agreements from noncompetition agreements and that the former were enforceable. That assumption was based largely on a 1985 decision by the California Court of Appeal in Loral Corp. v. Moyes, 174 Cal. App. 3d 268, which enforced an agreement prohibiting a former company executive from soliciting the employees of his former employer to join his new venture. However, that assumption has been…
As many of you have probably heard, late last year, the New York City Council passed two laws that will amend the NYC Human Rights Law to expand the requirements of employers to provide lactation space for breastfeeding employees and to develop lactation policies and processes for employees to request accommodations for nursing. These new laws take effect March 17, 2019, which is right around the corner!…
Last week, following 16 years of discussion and debate, the New York state legislature finally passed the Gender Expression Non-Discrimination Act (GENDA). The act would amend the state New York Human Rights Law to prohibit discrimination on the basis of gender identity or expression in housing, employment and public accommodations. The act defines gender identity or expression as “a person’s actual or perceived identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex…
  Earlier this year, Gov. Charlie Baker signed a comprehensive bill titled “An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday,” which brought a variety of new protections for employees in Massachusetts. These protections include the implementation of a state-administered paid family and medical leave program, an increase of the state’s minimum wage to $15 per hour by 2023, and a phaseout of time-and-a-half pay on Sundays and holidays.…
Reminder – Earlier this year (as we reported in this post), the New Jersey Paid Sick Leave Act (NJPSLA) was approved. The NJPSLA mandates that employees will accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours of sick leave time during a consecutive 12-month period. The NJPSLA goes into effect October 29, 2018. Since we last reported on this, the New Jersey Department of…
On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case, titled Casey Taylor, et al. v. Burlington Northern Railroad Holdings Inc., et al., Case No. 16-35205 (9th Cir. Sept. 17, 2018), not only affects employers within Washington state but also could have serious consequences for employers operating in the…
On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by the DOL last month. The series is part of a larger rulemaking and comment period being offered by the DOL in the wake of ongoing litigation to determine the appropriate salary threshold for overtime-exempt employees.…
Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes frowny faces. All the while, members of the Supreme Court sit stone-faced, internally cheering or wincing but trying not show it. The State of Joint Employment is sort of like that annual speech. Policy goals change with…