We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme Court in Glacier Northwest Inc. v. International Brotherhood of Teamsters Local Union 174, 500 P.3d […]
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers with California employees. Each of these are effective January 1, 2023 unless otherwise stated herein. […]
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings. Colorado was first on the scene in 2021. Since then, California and Washington have adopted new […]
As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives a written notification of an injury from an injured employee who intends to file a […]
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin Beaton’s decision to decline judicial review of the parties’ FLSA settlement is significant because courts […]
In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining negotiations. NLRB v. Ampersand Publishing, 9th Cir., No. 21-71060, 8/11/22. The bargaining negotiations expenses included the […]
Louisiana[1] and Massachusetts[2] recently became the latest two states to pass laws on Creating a Respectful and Open World for Natural Hair (CROWN Act). CROWN Act laws generally prohibit discrimination based on hairstyles and hair textures that are associated with race or national origin. Currently, eighteen states and numerous municipalities have now enacted laws expanding […]
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a single employee, who alleges a single labor code violation, to step into the shoes of […]
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on any protected class (including disability and age) and should have plans to provide reasonable accommodations […]
The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of extreme peril, but contains little limit on what may constitute an emergency condition permitting an employee to refuse […]
