Changing Practices in Response to Minnesota’s Noncompete Ban

Minnesota’s legislature passed a slew of laws in the 2022-23 session. One that continues to generate a fair amount of buzz among employers is the ban of virtually all noncompete agreements entered... Read more »

More Than $1M in Damages Upheld for Violation of Agreements

​Takeaway: Employers should not hesitate to enforce employment agreements if they have a substantial, verifiable claim against a former employee.  ​A former employee was ordered to pay $1.7 million in damages and... Read more »

Layoff with No Return Date Entitles California Employees to Immediate Vacation Pay

​Takeaway: This ruling is an example of the impact that enforcement agency interpretations of applicable laws can have when the statutes are silent or ambiguous with regard to a specific issue. Courts... Read more »

McDonald’s Wants Supreme Court to Hear No-Poach Case

​McDonald’s is asking the U.S. Supreme Court to hear a case to determine whether franchises can enforce rules against hiring another franchisor’s employees within the same chain. The fast-food giant submitted an... Read more »

O’Connor Made Her Mark in Decisions Affecting Workers and Women

​Sandra Day O’Connor, the first female Supreme Court justice, died Dec. 1 at the age of 93. She occupied a powerful role on the court in a number of employment law cases,... Read more »

California Agency Releases First Draft of AI Regulations

​On Nov. 27, the California Privacy Protection Agency (CPPA) unveiled draft automated decision-making technology (ADMT) regulations that would set forth new protections for employees and consumers. The draft ADMT regulations would govern... Read more »

Nonbinary Employees: Invisible on Many EEO-1 Forms

​There are many reasons why employers may choose not to report their nonbinary employees on the EEO-1 form, which is due Dec. 5. These reasons include—according to Denise Visconti, an attorney with... Read more »

New York Curtails Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

​On Nov. 17, New York Gov. Kathy Hochul signed into law Senate Bill 4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included... Read more »

Defamation Claim by Driver Fired on Suspicion of Theft Fails to Prove Malice

​Takeaway: This case underscores the need to keep any suspicions of employee misconduct confidential. Such suspicions, no matter how well-founded, should be communicated only in good faith on a limited basis to... Read more »

New California Law Makes It Easier for Employees to Establish Retaliation Claims

​California Gov. Gavin Newsom recently signed into law the Equal Pay and Anti-Retaliation Protection Act. The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption... Read more »
Subscribe to our Newsletter