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 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.
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
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
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
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
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,
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.
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.
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.
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.
Krystal and Saagar discuss artificial intelligence already having major impacts on office jobs in the USA.
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.
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.