Collective Bargaining

Unlawful Actions May Become Lawful When Negotiations Conclude

Criminal Background Checks

Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring PolicyGig Employer Hit with Background Check Class ActionNew York City Expands Protections For Applicants and Employees With Criminal Histories

EEOC and Government Litigation

As the EEOC Resumes Sending out Right-To-Sue Letters, Employers Should Expect an Increase in Discrimination LawsuitsEEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19The EEOC Settles Six-Year-Old Lawsuit Attacking Background Check Policy

Employee Benefits

California Enacts COVID-19 Supplemental Paid Sick Leave For 2022California’s COVID Right-to-Recall Law Unites Patchwork of Local OrdinancesNY DOL Releases Guidance on COVID-19 Vaccination Leave

Employee Privacy

The Fifth Circuit Criticizes the Practice of Sealing Documents by AgreementPress Pause Before Using Biometric Tech in the WorkplaceThe Spokeo Chronicles: Another Tentative Background Check Win for Kroger Subsidiary

Employee Raiding

No-Poaching Agreements May Not Be Entirely Out of the QuestionLabor & Employment Quick Takes: Fighting Back Against Employee RaidingLabor & Employment Quick Takes: Fighting Back Against Employee Raiding

Employee/Independent Contractor Status

Recent Shifts In The Independent Contractor v. Employee Classification RulesNinth Circuit Rules California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization ActDOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion Letters

Employment

Swales Has Minimal Impact in Maximus’s Bid to Pause Collective Action Pending Appeal

Employment Agreements

2021 Mid-Year State Non-Compete Legislative UpdateWashington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the CountryEmployment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses

Employment Policies

NYC Amends Salary Transparency Law; Delays Effective DateD.C.’s Ban on Non-Competes Delayed AgainCalifornia Enacts COVID-19 Supplemental Paid Sick Leave For 2022

Equal/Fair Pay

Ninth Circuit Requires Employee Compensation for Pre-Shift Duties Under FLSAVirginia’s New Overtime Law Threatens Double and Treble Damages For Employers Who Don’t Pay UpNew CA Law Requires Employers to Submit Annual Pay Data Reports

FMLA/Leaves of Absence

California Expands Family and Medical Leave LawWith Schools Reopening, Employers and Employees Must Continue to Navigate a Patchwork of Federal and State COVID-19 Leave LawsFederal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage

Immigration

COVID-19: How Can Employers Hire Remotely and Maintain I-9 Compliance?COVID-19: How Do Employers Comply with DOL Posting Requirements for Remote Employees?COVID-19: How Does the Outbreak Affect Immigration Workplace Compliance?

Labor Litigation

Fasten Your Seatbelt: NLRB Finds Tesla’s Clothing Policy Unlawful

Labor Management Relations

Fasten Your Seatbelt: NLRB Finds Tesla’s Clothing Policy Unlawful

News & Events

LABJ Honors Two Los Angeles Employment Law Partners as Leaders of InfluenceHuntonAK Labor and Employment Recognized By 2022 Benchmark LitigationRyan Bates Selected As 2022 “Leaders In Law”

NLRB

NLRB & DOJ Announce New PartnershipThe National Labor Relations Board is Engaging in Rulemaking, AgainNLRB General Counsel Urges The NLRB To Revive The Joy Silk Doctrine For Union Elections

Non-Competes

2021 Mid-Year State Non-Compete Legislative UpdateWashington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the CountryEmployment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses

Trade Secrets

The Fifth Circuit Criticizes the Practice of Sealing Documents by AgreementThe Defend Trade Secrets Act And How Employers Can Take Advantage Of ItLaw Enforcement Can Seize Stolen Trade Secrets – A New Tool

Traditional Labor

NLRB PROPOSES TO RESCIND “FAIR CHOICE AND EMPLOYEE VOICE” ELECTION RULESNLRB GC To Urge Board to Regulate Electronic Worker Monitoring and ManagementNLRB Proposes New Joint Employer Rule

Unions

Are You Ready? Preparing for the New Frontier of Public Bargaining in VirginiaNLRB Provides Clarity On Pandemic-Related Circumstances Justifying Mail-In ElectionsMail Ballot Elections: The New “Preferred Method” for Holding Union Representation Elections?

Wage and Hour

DOL Proposes Updates to Independent Contractor Requirements

Workplace Technology

NLRB GC To Urge Board to Regulate Electronic Worker Monitoring and ManagementA Bill of Rights for the Information Age: White House Outlines Principles for Artificial Intelligence Design & UseEEOC Adopts Guidance On Use of Algorithms and AI Under the ADA For Job Applicants And Employees