Earlier this month, the California Supreme Court unanimously decided that the Private Attorneys General Act (PAGA) does not apply to public entities.
Archives for August 26, 2024
Joseph Lazzarotti Comments on Security Risks Associated with Artificial Intelligence
Joseph Lazzarotti comments on the security risks many companies face when implementing AI into their businesses, including the concern that employees may inadvertently share sensitive information with these tools in “More corporations are disclosing the risk AI might pose to their businesses,” published by Marketplace.
Carlos Saavedra-Gutiérrez Discusses the Impact of Non-Compete Agreements Ban in Puerto Rico
Carlos Saavedra-Gutiérrez discusses the implications of the suspended FTC ban on non-compete agreements in Puerto Rico, highlighting its significance for businesses and employee mobility while reflecting broader judicial scrutiny of federal agency authority in “Federal Court Decision Swung to Overturn Non-Compete Ban Analyzed,” published by Microjuris.
David Kelly Comments on the Loper Bright Ruling’s Effect on NLRB Decisions
David Kelly comments on the effect of the Loper Bright decision when the actions of the National Labor Relations Board are challenged, particularly in areas where the board has shifted its interpretations of labor laws in “Circuit Court Rift Forming on Respect for Labor Board Rulings,” published by Bloomberg Law.
Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers
In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the U.S. Court of Appeals for the Fifth Circuit. Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024). The appeals court vacated the rule, voiding the provision nationwide.
California Manufacturing Employers: Avoid Potential PAGA Claims Based on Cal/OSHA Violations
With proper planning, Golden State manufacturing employers can mitigate the risk of Private Attorneys General Act (PAGA) claims premised on alleged violations of the California Occupational Safety and Health Act (Cal/OSHA).
Counsel Fee Increases From 20% to 25% on New Jersey Workers’ Compensation Cases
Effective immediately, workers’ compensation judges in New Jersey can establish petitioner’s attorney fees of up to 25% of the judgment
Fifth Circuit Court of Appeals Nixes DOL’s Tip Rule
Real World Impact: The Fifth Circuit Court of Appeals’ recent decision vacating the U.S. Department of Labor’s (DOL) rule regarding tipped employees means the rule is no longer in effect nationwide. This is a major victory for employers that have tipped employees and take a tip credit and have been beset by legal claims based on the rule.
The Myth of the Obsessive American Work Ethic is Harmful to Workers and Worker Power
The stereotype is that Americans live to work. One description written for foreign visitors explains that Americans are “known as ‘workaholics,’ or people who are addicted to their work, who think constantly about their jobs and who are frustrated if they are kept away from them, even during their evening hours
How would banning taxes on tips actually work?
Both major party presidential nominees Donald Trump and Kamala Harris are on the same side of one issue. Getting rid of taxes on tips. But what would that really look like in practice?
Chipotle Illegally Withheld Raises From Unionized Location, Labor Board Prosecutors Say
Company found to have violated law at a Michigan restaurant
A big problem for young workers: 70- and 80-year-olds who won’t retire
With five generations in the workforce, it’s harder for beginners to get hired or promoted.
More than half of hiring managers say a lack of enthusiasm is a red flag: ‘You have to give them your why’
When a company looks for a new hire, they want assurance that that candidate actually wants to be there.
Union members aren’t just voting on labor this year
Trump and Harris are vying for members of a resurgent labor movement. But with over 14 million people and other big issues on the ballot, a single winning message may be elusive.
Harris girds for battle with Trump over union workers and their Big Labor bosses
It was one of the most fiery moments of the Democratic National Convention. Last Monday night, Shawn Fain, president of the United Auto Workers union, strode onto the stage at the United Center, took off his blazer and revealed a red t-shirt that read “Trump is a scab.”