The New York Clean Slate Act Goes Into Effect: What Employers Need to Know

On November 16, 2024, the New York Clean Slate Act (the "Act") went into effect. Under the Act, certain conviction records will be automatically sealed from public access after a specified time period. The New York State Unified Court System is responsible for sealing all eligible existing conviction records, after which such convictions will become inaccessible. More ›

The 12 Days of California Labor and Employment Series – Day 8 "Required Whistleblower Notices"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the eighth day of the holidays, my labor and employment attorney gave to me eight maids a-milking and SB 2299. More ›

The 12 Days of California Labor and Employment Series – Day 7 "Captive Audience Meetings – Not Mandatory Anymore"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the seventh day of the holidays, my labor and employment attorney gave to me seven swans a-swimming and SB 399. More ›

Federal Judge in New York Rules that an Online-Only Website is Not a Place of Public Accommodation Under Title III of the ADA

On September 30, 2024, Chief Judge Laura Swain of the Southern District of New York, issued a ruling that a standalone website is not a place of public accommodation under Title III of the Americans With Disabilities Act (ADA). More ›

The 12 Days of California Labor and Employment Series – Day 5 "Protections for Freelance Workers"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the fifth day of the holidays, my labor and employment attorney gave to me five golden rings and SB 988. More ›

The 12 Days of California Labor and Employment Series – Day 4 "Local Enforcement of Discrimination Protections Now in Play"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers.  On the fourth day of the holidays, my labor and employment attorney gave to me four calling birds and SB 1340. More ›

The 12 Days of California Labor and Employment Series – Day 3 "Further Expansions in Discrimination Protections"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the third day of the holidays, my labor and employment attorney gave to me three French hens, AB 1815, and SB 1137.  More ›

The 12 Days of California Labor and Employment Series – Day 2 "Requiring a Driver’s License May Not Be Wise"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and employment attorney gave to me two turtle doves and SB 1100. More ›

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule significantly increased the salary threshold for white-collar workers to be exempt from overtime under the Fair Labor Standards Act ("FLSA").

Judge Sean D. Jordan granted the plaintiffs' motion for summary judgment and enjoined enforcement of the Final Rule, finding it exceeded the agency's authority. More ›

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but also, as fully as possible to remedy the harmful effects on employees when employers use and apply them."

The General Counsel has proposed a 60-day period, starting from the issuance of the October 7 Memorandum, for employers to address and rectify any existing "stay-or-pay" provisions that may not align with legitimate business interests. This directive necessitates that employers quickly evaluate their current provisions in light of the new guidelines, as many restrictive covenants and "stay-or-pay" clauses are likely to violate Section 7, according to the General Counsel's criteria. More ›