We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme
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California End-of-Year Employment Law Wrap Up
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers…
2023: The Year Pay Transparency Becomes a Much Bigger Deal
By John Lomax
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings. Colorado…
AZ Senate Bill 1403 Imposes New Workers’ Compensation Notice Requirements for Employers
By Chuck Keller
As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives…
Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements
By Joe Kroeger
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin…
NLRB AWARDS BARGAINING EXPENSES TO UNION
In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining…
Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style
By Jennifer Yee
SCOTUS Issues Employers Relief in PAGA Actions
By Rubi Bujanda
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a…
Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools
By Erin Leach
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on…
New Employee Safety Bill May Increase Litigation in California
By Anne Dwyer
The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of extreme peril, but…