A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA) established in a 2021 landmark opinion by the U.S. Court of Appeals for the Fifth Circuit. Mathews v. USA Today Sports Media Group, LLC, No. 1:22-cv-1407 (E.D. Va. Apr. 14, 2023).
Archives for May 17, 2023
Minnesota to Ban Non-Compete Agreements Other Than Related to Sale, Dissolution of Business
Minnesota is close to enacting a near-total bar on the use of covenants not to compete. The Minnesota Legislature released a Conference Committee Report on the bill (MN SF 3035), which reflects the bill’s likely final form, on May 16, 2023.
Employer Remote Verification of I-9 Documents Sunsets on July 31, 2023
By: Employer Remote Verification of I-9 Documents Sunsets on July 31, 2023
On May 5, 2023, Immigration and Customs Enforcement announced the sunset of the pandemic provision allowing employers to review I-9 employment verification documents remotely. On July 31, 2023, employers must return to the pre-pandemic practice of physically inspecting newly
How can we be proactive about addressing conflict in the workplace?
Amendments to California Agricultural Bargaining Process Per Governor’s Agreement with Unions
Governor Newsom signed Assembly Bill (AB) 113 which enacts changes to the collective bargaining process for agricultural workers.
In September 2022 Newsom signed Assembly Bill (AB) 2183 which established new ways for farmworkers to vote in a union election under the Agricultural Labor Relations Act (ALRA), including options for mail-in
Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case
Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action was motivated by the protected activity (causation). Oftentimes, the existence of an adverse action (such as
Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024
The state of Texas that has developed a workplace violence prevention standard for healthcare settings. When signed into law, Senate Bill (SB) 240, aimed at reducing acts of workplace violence directed against healthcare providers, will require each health facility to adopt a written workplace violence prevention policy and plan by
Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes—Is OSHA Next?
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade Commission and Securities and Exchange Commission v. Cochran, Nos. 21-86 and 21-1239,
Florida Governor Signs Senate Bill 1718 Into Law
On May 10, 2023, Governor Ron DeSantis signed into law Senate Bill (SB) 1718, immigration-related legislation that will require employers to use the E-Verify system and will impose criminal penalties on individuals transporting undocumented immigrants into Florida.
Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago
Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace.
As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes
Minnesota is expected to become the latest state to legalize recreational cannabis use. The legislative proposal in its current form would necessitate changes to employer drug-testing practices and policies. The bill would also limit adverse employment decisions based on off-duty cannabis use.
Colorado Supplemental Sick Leave Relating to COVID-19 Ends in June 2023
Since January 1, 2021, Colorado’s Healthy Families & Workplaces Act (HFWA) has required employers to provide up to 80 hours of supplemental public health emergency leave (“PHE leave”) for conditions relating to COVID-19. That obligation ends on June 9, 2023.
AI ALREADY Killing New Office Jobs (Video)
Krystal and Saagar discuss artificial intelligence already having major impacts on office jobs in the USA.
Kaiser to Pay $140,000 to Settle EEOC Racial Harassment Lawsuit
Kaiser Foundation Health Plan of Washington has agreed to pay $140,000 to an African American employee at its Tacoma Medical Center and provide other relief to resolve a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
Strippers and California Club Reach Accord on Union After Long Fight
The club agreed not to block the dancers from affiliating with Actors’ Equity, a move that would be the industry’s first unionization since the 1990s.
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