Navigating Political Speech in the Modern Workplace: A Guide for Private Employers

In an era where political lines are drawn boldly and voices are amplified through various platforms, the intersection between work and personal beliefs can be a minefield for private employers.  The workplace isn’t just a hub for productivity and collaboration; it can also becom
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EEOC Announces PWFA Special Delivery: Implementation of this Final Rule will Require More than Baby Steps

Nearly nine months after announcing its proposed rule under the Pregnant Workers Fairness Act (PWFA) the EEOC has delivered its final rule – and it’s a whopper!  Weighing in at 480 pages, the final rule provides guidance on interpreting and applying the PWFA, the federal law that requ
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California Employment Law Changes: What Employers Need to Know

As California employers know, the landscape of California employment law is ever evolving – often frustratingly so.  In 2024, California employers need to be aware of several significant changes in the law and take steps to ensure compliance.  Let’s dive into a few key developments: 1
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Got Exempt Employees? Here’s What The Helix Decision Means For You

As has been widely publicized, the U.S. Supreme Court announced in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, that a former employee was entitled to overtime pay under the Fair Labor Standards Act (“FLSA”), despite working as a manager and earning over $200,000 annually
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California Gig-Company Workers to Remain Independent Contractors

Earlier this week, in a win for gig economy companies, a California appeals court ruled Uber, Lyft, and similar app-based ride-hailing and delivery companies can continue to classify their California drivers as independent contractors pursuant to Proposition 22. In 2020, California su
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NLRB Attempts to Restrict Releases – Should You Be Worried?

The National Labor Relations Board issued a decision on Tuesday, February 21, effectively wiping out several Trump-era rulings allowing employers to include confidentiality and non-disparagement provisions in severance agreements. The current Board now takes the stance that it is an u
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Expanded Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know About the PWFA and the PUMP Act

On December 29, 2022, President Biden signed the Consolidated Appropriation Act, 2023, into law. In addition to providing $1.7 trillion in funding for the U.S. federal government for the 2023 fiscal year, the Act also adopted two acts implementing certain workplace rights and protecti
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DOL Releases Proposed Rule on Worker Classification

On October 11, 2022, the Department of Labor (“DOL”) released a proposed rule concerning worker classification under the Fair Labor Standards Act (“FLSA”). For more than 80 years, both the DOL and courts applied a totality-of-the-circumstances “economic reality test” to determine whet
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Free labor could cost you: an overview of internship wage compliance

As summer approaches, many employers are looking to hire student interns. The benefits of summer internships are mutual: Companies create an accessible group of potential future hires, while interns obtain real- world workplace experience and training, as well as valuable networking o
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Supreme Court Blocks OSHA Vaccine-or-Test Mandate for Large Private Employers

Today (1/13/22), the U.S. Supreme Court blocked the Biden administration’s vaccine mandate by enjoining OSHA’s ETS, which required employers to mandate vaccines or test unvaccinated employees weekly.  The Court found that Congress had not given federal agencies like OSHA the power to
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