Collective Bargaining

Unlawful Actions May Become Lawful When Negotiations Conclude

Criminal Background Checks

Gig Employer Hit with Background Check Class ActionNew York City Expands Protections For Applicants and Employees With Criminal HistoriesDismissed Criminal Convictions in California

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 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

Virginia’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 Reports10 Fast Facts Small Business Owners Should Know About the Paycheck Protection Program

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?

News & Events

Alyson Brown Recognized by the 2022 National Black Lawyers Top 40 Under 40Alan Marcuis Recognized as 2022 Best Mentor, TexasSharon Goodwyn Elected as Chair to Hampton Roads Community Foundation

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 GC Advocates for Limiting Employer’s Private Property Rights

Uncategorized

If Employers Test Union Certification and Lose, Will They Have to Pay?

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?

Workplace Technology

EEOC Adopts Guidance On Use of Algorithms and AI Under the ADA For Job Applicants And EmployeesEmployers Beware: The EEOC is Monitoring Use of Artificial IntelligenceNew York City Introduces Bill to Regulate the Use of AI in Employment Decisions