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Facts Matter in Non-Compete Agreements – Even as to Choice of Law and Venue

In a decision with important consequences for employers with national non-compete programs, a Massachusetts Superior Court Judge recently invalidated the Massachusetts choice-of-law and forum-selection provisions of a non-compete agreement between a Massachusetts company and its former, California employee. See Oxford Global Resources, LLC v. Hernandez, No. 1684CV03911-BLS2 (Mass. Super. Ct. June 9, 2017). The court determined that the agreement was adhesory and designed to circumvent California public policy.

Save Me! San Francisco Enacts Salary History Law

Following the lead of other states and cities, on July 19, 2017, San Francisco Mayor Ed Lee signed the “Parity in Pay Ordinance” into law. The Ordinance, which takes effect on July 1, 2018, prohibits San Francisco employers from asking job applicants about their salary history or from considering earnings information in determining whether to hire an applicant and what salary to offer them.

Federal Court Holds Employer’s Attorney Can Be Sued For FLSA Retaliation Over Deportation Effort

In addition to requiring payment of minimum wage and overtime, the federal Fair Labor Standards Act protects employees from retaliation for making a complaint, testifying, or instituting a proceeding “under or related to” the FLSA. A new decision from the US Ninth Circuit Court of Appeals underscores the scope of this protection.

Delaware Becomes the 'First State' to Enforce Ban on Employer Requests for Salary History

On June 14, 2017, Governor John Carney signed a new law that will prevent Delaware employers from requesting the salary history of job applicants. It is designed to narrow the pay gap between men and women. The law currently will be the first state law of its kind to go into effect on December 14, 2017. Although Massachusetts passed a similar law, it does not go into effect until January 2018. Employers cannot be sued under Oregon’s law until January 1, 2019. New York City, Philadelphia, and Puerto Rico have also passed

Retreat: Secretary Of Labor Withdraws Expansive Informal Guidance On Joint Employment And Independent Contractors

With little fanfare or explanation, US Secretary of Labor Alexander Acosta announced on June 7, 2017 the withdrawal of the US Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors. 

The Past Is Not Necessarily Prologue: New York City Bans Probes Into Salary History

Following a recent trend that started in Massachusetts and the City of Philadelphia, New York City has become the latest jurisdiction to ban employers from inquiring about salary history for applicants. Mayor Bill de Blasio signed Intro. 1253 into law on May 4, 2017. The law is designed to prevent pay discrimination against women and people of color.

It’s Predictable: New York City Bans On-Call Scheduling

On May 30, 2017, New York City Mayor Bill de Blasio signed into law Bill 1387-A, which prohibits covered retail employers from engaging in so-called “on-call scheduling,” a practice that is very common and in many cases critical to the industry.

New Revelations in the Leather Industry Put Western Footwear and Apparel Companies on their Back Feet

A watchdog organization known as Transparentem has uncovered dire working conditions in the heavily polluted tanneries located outside of Dhaka in Bangladesh. According to Transparentem, men, women, and children as young as fourteen have been working in a highly toxic environment under dangerous conditions with little or no protective gear. Further, Transparentem claims to have tracked the flow of leather from these tanneries to companies that produce shoes and handbags for several leading Western brands.

New York Exemption Threshold Set to Increase on Dec. 31

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.

California Paystubs Don’t Have to Include Vacation or PTO Values – But Beware

The California Court of Appeal has held that employers’ itemized wage payment statements do not have to include the monetary value of an employee’s accrued vacation or paid time off (PTO). The decision in Soto v. Motel 6 Operating, L.P. held that, although such amounts are “wages” under California law, an employer does not have to itemize the value of the balance due until the end of employment.