Tag: Employment

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

Still Have Independent Contractors? The City of Los Angeles Now Has Something to Say About That

Written by Jeremy Mittman This summer, the City of Los Angeles enacted the Freelance Worker Protections Ordinance (“the Ordinance”), setting forth certain requirements for hiring entities retaining “freelance workers” within the City of Los Angeles (“the City”). The Ordinance defines a freelance worker as an individual or entity composed of no more than one person that is hired by a “hiring entity” as a bona … Continue reading Still Have Independent Contractors? The City of Los Angeles Now Has Something to Say About That

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Labor & Employment

NLRB Adopts a New Standard for Assessing the Lawfulness of Workplace Rules

Written by Jonathan Turner and Kyle DeCamp On August 2, 2023, the National Labor Relations Board (the Board) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) that overruled existing Board precedent and established a standard by which existing workplace rules may be deemed facially unlawful under Section 8(a)(1) of the National Labor Relations Act (the NLRA), even if the rules don’t expressly … Continue reading NLRB Adopts a New Standard for Assessing the Lawfulness of Workplace Rules

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Labor & Employment

PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

Written by Gary McLaughlin and Kyle DeCamp On July 17, 2023, the California Supreme Court broke from the United States Supreme Court by deciding in Adolph v. Uber Technologies that a plaintiff in a Private Attorneys General Act (“PAGA”) action whose own individual claims are compelled to arbitration nonetheless retains standing to pursue representative PAGA claims in court. In Adolph, the plaintiff, Erik Adolph, worked … Continue reading PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

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Labor & Employment

Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

Written by Jeremy Mittman In a recent decision, the Ninth Circuit Court of Appeals addressed the issue of music-as-harassment in the workplace. The court recognized the impact of “sexually graphic, violently misogynistic music” in creating a hostile work environment, ruling that it could be grounds for a Title VII claim. The court’s ruling emphasizes the importance of addressing offensive conduct and provides guidance for employers … Continue reading Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

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Labor & Employment

The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

Written by Jonathan Turner and William S. Lisa The Supreme Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters may provide employers with an additional avenue of recourse when dealing with strikers engaging in unlawful behavior not specifically prohibited by the National Labor Relations Act (the “NLRA” or the “Act”).  In a decision joined by five Justices, and a judgment … Continue reading The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

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Labor & Employment

The Fair Work Week Ordinance: What LA Retailers Need to Know

Written by Jeremy Mittman and Thea Rogers On April 1st, the Los Angeles City Fair Work Week Ordinance (“FWWO”), an employee-friendly law affecting mid-size and large retail businesses, takes effect.  The FWWO, which was passed by the Los Angeles City Council during the final days of 2022, is generally applicable to retailers (with over 300 employees globally) with nonexempt employees who work at least two … Continue reading The Fair Work Week Ordinance: What LA Retailers Need to Know

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Labor & Employment

Are highly compensated executives still entitled to overtime pay under the FLSA? 

Yes, if the employer is not careful when structuring the pay arrangements. Written by Jonathan Turner and Gabriel Hemphill Employers under the Fair Labor Standards Act (“FLSA”) need to be aware of how to structure “salary” compensation arrangements with persons they are employing in an “executive” capacity to manage all or part of the employer’s business; otherwise, employers may find themselves subject to claims that … Continue reading Are highly compensated executives still entitled to overtime pay under the FLSA? 

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Labor & Employment

NLRB Calls Into Question Confidentiality and Non-Disparagement Provisions in Agreements with Employees

Written by Jeremy Mittman, Jonathan Turner and Kyle DeCamp On February 21, 2023, the National Labor Relations Board (the NLRB) issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), that will impact employers in both unionized and non-unionized workplaces.  The decision holds that employers violate the National Labor Relations Act (the NLRA) when they present employees with severance agreements that contain overly broad … Continue reading NLRB Calls Into Question Confidentiality and Non-Disparagement Provisions in Agreements with Employees

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