Tax season is here. As a result, many companies may be seeking to claim the increased tax credits and deductions available under the Inflation Reduction Act (the “IRA”). As we discussed in previous posts you can read here and here
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Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims
On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual claims to allow the…
Safe for Work? New Social Media Privacy Law Affecting New York Employers Goes into Effect on March 12
Beginning on March 12, 2024, a new social media privacy law for employees and job applicants goes into effect in New York. The new law will amend the New York Labor Law (the “NYLL”) to restrict most employers from accessing…
Last Call for Employers to Submit OSHA Form 300A Data
Employers who meet certain size and industry requirements have until March 2, 2024 to electronically submit occupational injury and illness data from their Form 300A Annual Summary for 2023 to the federal Occupational Safety and Health Administration (“OSHA”). In addition, a…
Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement
In Cantor Fitzgerald, L.P. v. Ainslie, No. 162, 2023, 2024 WL 315193 (Del. Jan. 29, 2024), the Delaware Supreme Court held enforceable a “forfeiture for competition” provision in a limited partnership agreement, upholding “the freedom of contract” and enforcing…
U.S. Supreme Court Endorses Low Burden of Proof for Whistleblowers
In a landmark unanimous ruling late last week, Murray v. UBS Securities, LLC, et al. 601 U. S. ____ (2024), the U.S. Supreme Court held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be…
The Department of Labor Issues New Final Rule for Independent Contractor Classification
On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The…
California Supreme Court Concludes PAGA Actions Cannot be Dismissed as Unmanageable
For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA claims on manageability grounds. PAGA,…
DC Joins the Wage Transparency Movement
The District of Columbia will soon require employers to disclose pay ranges in job postings after Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 into law on Friday January 12, 2024. When it goes into effect…
Looking Ahead: New California Employment Laws for 2024
In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024.…