Category: Labor & Employment

Labor & Employment

U.S. Department of Labor Issues Much-Anticipated Final Rule Increasing Exempt Employee Salary Threshold

Written by Jeremy Mittman and Aharon Kaslow Late last month, the U.S. Department of Labor (DOL) announced that it would be increasing the salary levels for certain employees to qualify as exempt from minimum wage and overtime payment obligations under the federal Fair Labor Standards Act (FLSA).  The new rule applies to employees who are subject to either (1) the “executive, administrative, or professional” (EAP) … Continue reading U.S. Department of Labor Issues Much-Anticipated Final Rule Increasing Exempt Employee Salary Threshold

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Labor & Employment

FTC Issues Final Rule Banning Most Non-Compete Agreements

Written by Gregory J. Hessinger, Jonathan M. Turner, and Eric D. Engelman The Federal Trade Commission (“FTC”) issued its long anticipated final rule imposing a prohibition on virtually all non-compete agreements for all employees. The final rule follows the FTC’s proposed rule published in January 2023. The FTC’s rule banning most non-compete agreements will likely become effective in early September 2024 as the rule is … Continue reading FTC Issues Final Rule Banning Most Non-Compete Agreements

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Labor & Employment

New York Becomes First State to Implement “Paid Prenatal Leave” for Employees

Written by Jeremy Mittman and Thea Rogers On April 19, New York officially became the first state to enact legislation requiring employers to provide pregnant employees with a bank of protected paid prenatal leave.  Importantly, an eligible employee’s paid prenatal leave bank is separate and distinct from already-required paid sick and safe leave bank and paid family leave bank (as well as any unpaid leave … Continue reading New York Becomes First State to Implement “Paid Prenatal Leave” for Employees

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Labor & Employment

When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time

Written by Jeremy Mittman and Greg Agron Late last month, the California Supreme Court handed down its long-awaited decision in Huerta v. CSI Electrical Contractors, clarifying three questions posed by the United States Court of Appeals for the Ninth Circuit. Facts of the Case Plaintiff George Huerta and others were hired by subcontractor CSI Electrical Contractors (CSI) for work at a solar power facility in … Continue reading When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time

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Labor & Employment

Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History

Written by Jeremy Mittman and Thea E. Rogers Late last month, Los Angeles County passed a new Fair Chance Ordinance For Employers that aims to provide greater protections to individuals with criminal history seeking employment (or promotion) in unincorporated areas of Los Angeles County.  This Ordinance, which arguably restricts employers’ ability to consider criminal history significantly more than any current federal or state criminal conviction … Continue reading Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History

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Labor & Employment

With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

Written by Jeremy Mittman and Thea Rogers Earlier this month, Cal-OSHA released a model workplace violence prevention plan for employers (in non-health care settings) to use as a customizable template when preparing their own workplace-specific plans.  That same day, the state agency also released a “fact sheet” providing California employers (also in non-health care settings) with an overview of how to create a compliant workplace … Continue reading With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

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Labor & Employment

It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

Written by Jonathan Turner and Eric Engelman The New NLRB Joint Employer Test The National Labor Relations Board (“NLRB”) recently unveiled a final rule creating a new joint employer test under the National Labor Relations Act (“NLRA”). The new rule creates a lower threshold to make it easier for two or more employers to be considered “joint employers” under the NLRA. This is the latest … Continue reading It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

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Labor & Employment

California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

Written by Gary McLaughlin and Sandra Hanian While California has long prohibited noncompete agreements (subject to narrow exceptions), two California bills recently signed into law expand the scope of the State’s policy against these restrictive covenants.  On September 1, 2023 and October 13, 2023, Governor Gavin Newsom signed Senate Bill 699 and Assembly Bill 1076, respectively, two new laws that strengthen the State’s prohibition on noncompetes … Continue reading California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

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Labor & Employment

California Enacts New Employee Reproductive Loss Leave Law For 2024

Written by Jeremy Mittman and Thea E. Rogers California Governor Newsom recently signed into law a new law allowing for “reproductive loss leave” (SB 848) which will permit eligible employees to take up to five days of unpaid leave following a “reproductive loss event.”  SB 848 becomes effective on January 1, 2024.   Overview of the California’s Newest Leave Law Given that the law was … Continue reading California Enacts New Employee Reproductive Loss Leave Law For 2024

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Labor & Employment

California Expands Paid Sick Leave Law, Increases Annual Leave Amount

Written by Jeremy Mittman and Thea Rogers Beginning on January 1, 2024, the amount of annual paid sick leave California employers must provide to employees in the State will increase, depending on the type of sick leave policy an employer utilizes.  This upcoming change is a result of Governor Newsom signing Senate Bill 616 (“SB 616”), an amendment to California’s Healthy Workplaces, Healthy Families Act, … Continue reading California Expands Paid Sick Leave Law, Increases Annual Leave Amount

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