A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily difficult social and legal environment following the Court’s decision in
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Big Changes Coming to Colorado Noncompetition Law
Colorado employers have less than two months to bring their noncompetition restrictions into compliance with HB22-1317, a bill passed by the Colorado Legislature in May 2022.
HB22-1317, also known as the Restrictive Employment Agreements Act (the Act), will significantly
California Supreme Court Allows Employees to Seek Derivative Penalties for Meal and Rest Break Violations
On May 23, the California Supreme Court issued an opinion that will drastically increase the potential exposure for employers facing meal and rest break class actions. The court, in Naranjo v. Spectrum Security Services, Inc., ruled that employees who
So Many NY Changes in 2022 – Employers Beware!
New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are currently being considered by
Against the Odds: Did a Court of Appeals Just Grant Independent Contractors the Right to Strike and Organize?
On June 4, 1923, jockey Frank Hayes rode 20-1 long shot Sweet Kiss to victory at Belmont Park. While that seems impressive, what made the win even more memorable is that at some point during the race, poor Frank died
Massachusetts Supreme Judicial Court Abrogates Employers’ Sole Defense to Automatic Treble Damages Liability for Late Final Wage Payments
On April 4, the Massachusetts Supreme Judicial Court handed employees there yet another victory in Reuter v. City of Methuen, holding that they are automatically entitled to triple damages for any late payment of final wages even where the
Blow the Whistle: NY Expands Employee Whistleblower Protections
The NYS DOL has issued a model notice for private employers to use to notify their employees of the expanded protections under the NYS whistleblower law that went into effect on January 26, 2022. The model notice, designated by the
You Think #MeToo Is Over? Think Again.
On Feb. 10, 2022, the Senate passed HR 4445, which, upon President Joe Biden’s expected signature, will amend the Federal Arbitration Act to allow an individual who is alleging sexual harassment or a sexual assault to elect to bring their
California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims
The Decision
On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims under California’s general
Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers
In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As California employers look