One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of labor law in
Labor & Employment Law Perspectives
Blog Authors
Latest from Labor & Employment Law Perspectives
New Legislation Extends California Noncompete Ban to Agreements Signed Outside the Golden State and May Impose Notice Obligations that Apply Retroactively
As we’ve previously written, California already takes a strong position against employee noncompete agreements. State law bans such agreements (with extremely limited exception) and imposes significant penalties on employers who nonetheless require workers to execute such provisions.
Recently, the…
What’s Next for Labor and Employment Laws in California?
The 2023 California Legislative session, which ended on September 14, 2023, saw a flurry of activity on labor and employment-related laws. Governor Newsom has until October 14, 2023, to sign, veto, or pocket veto (i.e., take no action) on the…
New Labor Day Labor Laws for New York
As summer turns to fall, New York State Governor Kathy Hochul, with choreographed fanfare, celebrated Labor Day by signing several employment-related bills into law.
Notably missing from the Governor’s autograph spree was the bill banning non-compete agreements, which has…
Natural Disasters Affect Employers, Too
Natural disasters such as wildfires in Maui, Hurricane Idalia, flooding in California, and excessive heat almost everywhere have taken a real human toll over the past few months. As the end of summer approaches, many Americans will look back on…
NLRB Finds that Advocacy of Non-Employees is Protected Under the National Labor Relations Act
As we have observed several times this year, the National Labor Relations Board (NLRB or the “Board”), under the majority appointed by President Biden, has taken a number of actions to widely expand workers’ rights under federal labor law…
DOL Seeks to Change Exempt Salary Threshold
Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement.
On August 30, 2023, the U.S. Department of Labor (DOL) announced a notice…
California Expands Liability Under the FEHA to Business-Entity Agents
On August 21, 2023, the California Supreme Court ruled that business-entity agents could be liable for violations of the Fair Employment and Housing Act (FEHA) with respect to individuals who were not their employees. This holding applies to business-entity agents…
EEOC Announces Strategic Plan Through 2023: Enforcement of Conciliation Agreements is Top of Mind
On August 22, 2023, the Equal Employment Opportunity Commission (EEOC) announced it approved its Strategic Plan for the Fiscal Years 2022-2026. The Strategic Plan sets forth the EEOC’s strategies and objectives for achieving its mission of preventing and remedying unlawful…
NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies
On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that have a reasonable tendency to…