Pandemic Makes Application of WARN Act More Complex

?Employers must comply with federal and state laws on alerting employees about impending layoffs, but the aftermath of the COVID-19 pandemic and the rise of remote work are making compliance more difficult.... Read more »

House Passes Labor-Friendly Provisions

?The U.S. House of Representatives on July 14 passed several labor-friendly amendments as part of the National Defense Authorization Act (NDAA) for fiscal year 2023. The amendments now move to the Senate,... Read more »

Calif. Appeals Court Upholds Constitutionality of PAGA

?Takeaway: California’s Private Attorneys General Act does not violate the state’s separation of powers doctrine and is therefore constitutional.  ?A California appeals court affirmed the dismissal of a lawsuit brought by a... Read more »

Proposed Rule Would Help Prevent Displacement of Qualified Service Contract Workers

?On July 15, the U.S. Department of Labor published in the Federal Register a notice of proposed rulemaking (NPRM) to implement the nondisplacement protections under Executive Order 14055 for employees of large... Read more »

Terminated Employee Cannot Bring Whistleblower Retaliation Claim to Trial

?Takeaway: Using the more employee-friendly standard recently set forth by the California Supreme Court for analyzing whistleblower retaliation claims, an appellate court nonetheless found that a terminated employee could not go forward... Read more »

San Francisco Approves New Public Health Emergency Leave

?In June, San Francisco voters passed Proposition G, a new Public Health Emergency Leave Ordinance. The ordinance requires private employers to provide paid leave to employees for public health emergencies. The leave... Read more »

Oregon Supreme Court Affirms Enforceability of Arbitration Provision

On July 8, in Gist v. ZoAn Management, the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals, granting the defendants’ motion to compel arbitration.  The court... Read more »

Intern Wasn’t Required to Be Paid Wages

?Takeaway: This case represents a victory for employers operating unpaid training programs that provide trainees with valuable practical experience and training despite also providing some benefit to the entities. The 11th Circuit’s... Read more »

Court Skeptical of Employer’s Reasoning for RIF

?Takeaway: When an employer prepares to layoff or reduce its workforce, the employer should evaluate employees using standard and clear criteria as it determines which employees to retain and which to terminate.... Read more »

What Employers Need to Know About the California Consumer Privacy Act’s Training Requirement

?When covered businesses collect personal information about employees and job applicants, the California Consumer Privacy Act (CCPA) requires them to comply with certain disclosure obligations. Covered businesses need to prepare for major... Read more »
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