Insights on Labor, Employment & OSHA

In Naranjo v. Spectrum Security Services, Inc., Case No. S279397, the California Supreme Court held that if an employer in good faith believed it was providing an accurate wage statement with the requirements of Labor Code section 226, then the employer has not failed to comply with the law.

On April 23, the US Department of Labor (DOL) released a final rule significantly expanding the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA) (the Retirement Security Rule or Final Rule).

When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII.

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment.

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

Effective July 1, employers must pay employees a salary of at least $844 per week (equivalent to $43,888 per year) to qualify for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions from minimum wage and overtime under the Fair Labor Standards Act (FLSA).

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA).

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in long-anticipated litigation to challenge the FTC’s attempted rulemaking.

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year.

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator, rather than in civil litigation.

In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory vehicle searches.

In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at least some amount of attorneys’ fees and costs under Labor Code Section 1194.

Under what circumstances will two or more entities be considered an employee’s joint employers?

Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act.

The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country.

Labor, Employment & OSHA Partner Henry Morris, Jr. will present at the National Center for the Study of Collective Bargaining in Higher Education and the Professions’ (NCSCBHEP) 51st Annual Conference in New York City on March 17-19, 2024.

On Oct. 30, 2023, President Joe Biden issued an expansive executive order on artificial intelligence.

With 2024 underway, ArentFox Schiff highlights 10 of the most pressing legal issues facing the consumer products industry this year.

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector.

In a victory for whistleblowers, a unanimous US Supreme Court has held that a whistleblower invoking the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1514A(a) (SOX) is not required to prove that his or her employer acted with “retaliatory intent.”

The Massachusetts Wage Act (MA Wage Act) is one of the most punitive wage payment laws in the country.

2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash flows gained significant traction.

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023.

The 2024 election year promises to make taxes front-of-mind for many business and individual taxpayers.