Labor Law

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Concerns for Employers Surrounding Employee Drug and Alcohol Testing Policies

Concerns for Employers Surrounding Employee Drug and Al...

Employers required to conduct mandatory drug and alcohol testing need to be awar...

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As Deadline Looms, Whitmer Proposes Delay of Minimum Wage and Paid Leave Laws

As Deadline Looms, Whitmer Proposes Delay of Minimum Wa...

As the February 21, 2025 deadline looms for changes to Michigan’s minimum wage a...

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The Risks of Rewards: Are Your Year-End Bonuses Discriminatory?

The Risks of Rewards: Are Your Year-End Bonuses Discrim...

Bonuses are a common form of employee compensation that can incentivize and rewa...

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Wage & Hour: Standby and Call Back Pay and its Implications Under the FLSA

Wage & Hour: Standby and Call Back Pay and its Implicat...

We are excited to introduce our video series – Wage & Hour Issues in the Workpla...

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Doing Business in California Guide Updated for 2025

Doing Business in California Guide Updated for 2025

Our team has updated the firm’s handy Doing Business in California Guide for 2...

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New California Posters Available

New California Posters Available

Many of you know that there is no rhyme or reason as to when California decide...

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Employers: Prepare Now for Workplace Immigration Raids

Employers: Prepare Now for Workplace Immigration Raids

The prospect of large-scale, unannounced ICE raids on workplaces is upon us wi...

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President Trump Sacks DEI Programs: Key Considerations for California Employers

President Trump Sacks DEI Programs: Key Considerations ...

Since re-taking the White House 11 days ago, President Donald J. Trump has tak...

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Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

Preparing for a TikTok Ban: What Employers Should Do to...

In recent years, TikTok has become a widely used platform for communication an...

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A Primer on How to Deal with A.B. 1228 and the Fast Food Council’s Impact on Minimum Wage in the Golden State

A Primer on How to Deal with A.B. 1228 and the Fast Foo...

A.B. 1228 is a controversial law in California that went into effect on Septem...

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Dining with Dogs – A Restaurant Owner’s Guide to Serving Customers with Furry Friends (Part 1 – Service Pets)

Dining with Dogs – A Restaurant Owner’s Guide to Servin...

Dogs are a human’s best friend – but are they the hospitality industry’s best ...

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Trump’s Orders Limiting DEI Programs in the Workplace are Enjoined in Part

Trump’s Orders Limiting DEI Programs in the Workplace a...

Key parts of President Donald Trump’s executive orders seeking to end diversit...

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New California Law Empowers Employers to Seek Restraining Orders for Third Party Harassment, Not Just Violence or Threats, in the Workplace

New California Law Empowers Employers to Seek Restraini...

Introduction Consider the following scenarios: A customer repeatedly enters yo...

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Smart Considerations for the Use of Smart Glasses at Work

Smart Considerations for the Use of Smart Glasses at Work

As wearable technology continues to evolve, smart glasses are becoming an incr...

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Massachusetts Earned Sick Time Law: What it Does and Who it Covers

Massachusetts Earned Sick Time Law: What it Does and Wh...

In 2014 voters in the Commonwealth approved a ballot measure that created the  M...

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Four Federal Agencies Partner to Investigate Antitrust Violations Affecting Workers in New Jersey and Nationwide

Four Federal Agencies Partner to Investigate Antitrust ...

Employees who have experienced unlawful practices in the workplace, such as wage...

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National Labor Relations Board General Counsel Takes on Non-Compete Clauses

National Labor Relations Board General Counsel Takes on...

Workers have the right, under both federal and New Jersey employment laws, to en...

SCOTUS Clarifies Standard for Religious Accommodation R...

By: Jessica Jackler On June 29, 2023, the Supreme Court issued its decision in G...

Summary Judgment Reversed by Seventh Circuit in ADA Acc...

By: Jessica Jackler  In 2018, the EEOC filed suit against Charter Communications...

NLRB Significantly Alters Handbook Rules

By Jessica Jackler On August 2, 2023, the National Labor Relations Board (NLRB) ...

Employers May Face Sanctions for Employees’ Failure to ...

By: Kristy K. Singler In Miramontes v. Peraton, Inc., No. 3:21-CV-3019-B, 2023 W...

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New Paid Leave Laws Take Effect in Illinois

New Paid Leave Laws Take Effect in Illinois

By: Jessica Jackler Recently, several new paid leave laws were enacted in Illino...

Illinois First District Appellate Court At Odds with th...

By: Mary T. Yong The Illinois First District Appellate Court recently issued a r...

Department of Labor Announces Final Overtime Rule

By: Jessica B. Jackler On April 23, 2024, the U.S. Department of Labor announced...

Terminating Employee with Pending Workers’ Compensation...

By: Storrs W. Downey  In the Seventh Circuit Court’s decision in Emerson v. Dart...

Illinois Governor Pritzker Signs Amendment Reducing Pot...

By: Mary T. Yong Illinois was one of the first states to adopt Biometric Privacy...

Texas Federal Court Vacates DOL Final Overtime Rule

By: Jessica Jackler On November 15, 2024, the U.S. District Court for the Easter...

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U.S. Supreme Court resolves circuit split on burden of proof dispute for FLSA exemptions

U.S. Supreme Court resolves circuit split on burden of ...

On January 15, 2025, the U.S. Supreme Court overturned the Fourth Circuit’s deci...

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Labor mobility remains in the limelight – FTC and DOJ take another swing at regulating the U.S. workplace

Labor mobility remains in the limelight – FTC and DOJ t...

Over the past several years, the Federal Trade Commission (FTC) has made several...

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Analyzing President Trump’s executive orders on DEI: Implications and reactions

Analyzing President Trump’s executive orders on DEI: Im...

In only his first week in office, Trump has already dismantled DEI programs with...

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Immigration enforcement underway: Preparing for I-9 inspections and site visits 

Immigration enforcement underway: Preparing for I-9 ins...

In the last week, the Trump Administration issued numerous executive orders rela...

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Analyzing President Trump’s executive orders on harassment: Implications and reactions

Analyzing President Trump’s executive orders on harassm...

On December 13, 2024, we wrote on several policies implemented by the Biden admi...

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Key workplace changes for Illinois employers in 2025

Key workplace changes for Illinois employers in 2025

Increases to minimum wage Effective January 1, 2025, the minimum wage rate in Il...

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Anticipating President Trump’s impact on the Pregnant Workers Fairness Act

Anticipating President Trump’s impact on the Pregnant W...

As the Trump administration continues to swiftly issue executive orders and take...

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Neonatal care leave and pay: what UK employers need to know about the new statutory right

Neonatal care leave and pay: what UK employers need to ...

From 6 April 2025, new rules will give eligible employees a statutory right to p...

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Court rejects use of the “headless” PAGA action strategy to avoid arbitration

Court rejects use of the “headless” PAGA action strateg...

In a recent published decision, the California Court of Appeal delivered a blow ...

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Court clarifies that DEI executive orders are temporarily blocked for all federal agencies

Court clarifies that DEI executive orders are temporari...

In the early days of his second term, President Trump issued a series of executi...

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Employee Driving and Employer Responsibilities

Employee Driving and Employer Responsibilities

Two days before Christmas, the Louisiana Fifth Circuit Court of Appeal handed do...

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NLRB Shakeup: Trump Removes Two NLRB Officials

NLRB Shakeup: Trump Removes Two NLRB Officials

President Trump has ousted National Labor Relations Board (NLRB) General Counsel...

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Union Membership Drops to an All Time Low (Again)

Union Membership Drops to an All Time Low (Again)

Despite head-turning decisions issued in recent years by the National Labor Rela...

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ICE at Health Care Facilities: Immigration Enforcement and Patient Privacy

ICE at Health Care Facilities: Immigration Enforcement ...

In the wake of increased federal enforcement of immigration policies, health car...

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Updated State and Local Employment Posters and Notices for 2025

Updated State and Local Employment Posters and Notices ...

In this brief state law update, we'll cover new and updated posters required by ...

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NLRB’s Acting General Counsel Rescinds Biden-Era Guidance Memorandums

NLRB’s Acting General Counsel Rescinds Biden-Era Guidan...

On February 14, 2025, William Cowen, the acting general counsel (“GC”) for the N...

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Michigan Amends Its Minimum Wage and Earned Sick Time Laws Effective
Immediately… Again

Michigan Amends Its Minimum Wage and Earned Sick Time L...

On Feb. 21, Governor Whitmer signed House Bill 4002 and Senate Bill 8 into law, ...

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IRS Issues Guidance on Alternative Distribution Method for Form 1095-C

IRS Issues Guidance on Alternative Distribution Method ...

As part of the Paperwork Burden Reduction Act, signed into law on December 23, 2...

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“Red Light, Green Light”: Federal Court Blocks Trump’s DEI Executive Orders

“Red Light, Green Light”: Federal Court Blocks Trump’s ...

On February 21, 2025, a U.S. District Court judge issued a preliminary injunctio...

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Treasury Department Announces Suspension of Enforcement of Corporate
Transparency Act

Treasury Department Announces Suspension of Enforcement...

The U.S. Department of the Treasury announced plans to significantly reduce the ...

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Register Now for Breakfast Briefings: Ensuring Effective Employee
Communications and Compliance Expectations

Register Now for Breakfast Briefings: Ensuring Effectiv...

Join Amundsen Davis for a new complimentary webcast series, Breakfast Briefings....

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NLRB waters down management rights in latest union-friendly Board decision, but potential Republican Board majority in early 2025 may turn the tide toward employers

NLRB waters down management rights in latest union-frie...

Since 2019, employers have relied heavily on the management rights clauses in co...

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Key Changes for Oregon, Washington, and California Employers in 2025: What You Need to Know

Key Changes for Oregon, Washington, and California Empl...

As 2025 approaches, employers in Oregon, Washington, and California must prepare...

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Supreme Court Clarifies Standard of Proof for FLSA Exemptions

Supreme Court Clarifies Standard of Proof for FLSA Exem...

On January 15, 2025, the United States Supreme Court issued a unanimous decision...

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The DEI Executive Order: Preparing for Federal Oversight and Compliance Risks

The DEI Executive Order: Preparing for Federal Oversigh...

On January 21, 2025, the White House announced an Executive Order entitled “Endi...

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Trump Executive Order Significantly Limits Longstanding DEI Requirements for Federal Contractors

Trump Executive Order Significantly Limits Longstanding...

On his second day in office, January 21, 2025, President Trump issued an Executi...

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Recent National Labor Relations Board Activity Signals Shift for Employers

Recent National Labor Relations Board Activity Signals ...

In the most recent indication of what employers can expect from the National Lab...

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Flying to London for a Meeting or as a Tourist? You Must Complete the New On-Line ETA Visa Waiver Form

Flying to London for a Meeting or as a Tourist? You Mus...

Beginning January 8, 2025, visitors from the United States (as well as from othe...

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NLRB Returns to Union-Friendly “Clear and Unmistakable Waiver” Standard

NLRB Returns to Union-Friendly “Clear and Unmistakable ...

As we have previously reported, from the time President Biden took office, the N...

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Delaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined Competitor

Delaware Supreme Court Refuses to Enforce Noncompete Ag...

As previously reported (here and here), some Delaware courts have recently decli...

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Indiana Appellate Court Rules Medical Company’s Non-Compete with Chief Operating Officer Overbroad and Unenforceable 

Indiana Appellate Court Rules Medical Company’s Non-Com...

An Indiana appellate court recently declined to enforce an executive’s non-compe...

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Will CBP Search Your Employee’s Laptop and Cell Phone at the Port of Entry?

Will CBP Search Your Employee’s Laptop and Cell Phone a...

Cell phone and laptop searches do happen but they are relatively rare. Although ...

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SCOTUS Hands Big Win to Employers Defending FLSA Claims

SCOTUS Hands Big Win to Employers Defending FLSA Claims

Today, in the matter of E.M.D. Sales, Inc. v. Carrera, the United States Supreme...

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California Minimum Wage Increases

California Minimum Wage Increases

On January 1, 2025, the statewide minimum wage increased to $16.50 per hour. Wit...

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Navigating Employer Obligations During California’s Wildfire Disasters

Navigating Employer Obligations During California’s Wil...

As Los Angeles (the “City”) grapples with the impacts of the devastating wildfir...

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Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

Analyzing President Trump’s Latest Executive Order Titl...

On January 21, 2025, President Trump signed an Executive Order titled “Ending Il...

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New Jersey Guidance on AI: Employers Must Comply With State Anti-Discrimination Standards

New Jersey Guidance on AI: Employers Must Comply With S...

On January 9, 2025, New Jersey Attorney General Matthew J. Platkin and the Divis...

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ICE Raids in the Workplace – Preparation and Response

ICE Raids in the Workplace – Preparation and Response

With the Trump Administration’s renewed focus on immigration, many companies are...

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PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a ...

California’s Private Attorneys General Act (PAGA)[1] allows “aggrieved employees...

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Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets Act

Evidence of a Defendant’s Physical or Digital Retention...

A recent federal district court ruling serves as an important reminder that a fo...

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Wearable Technologies and Employment Risks – EEOC Issues New Guidance

Wearable Technologies and Employment Risks – EEOC Issue...

From smart watches to exoskeletons, wearable technologies are quickly changing t...

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Syracuse Common Council Passes "Ban the Box" Ordinance

Syracuse Common Council Passes "Ban the Box" Ordinance

On December 8, the Syracuse Common Council voted 8-1 to pass a “Ban the Box” ord...

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NLRB Overrules 2007 Decision and Holds That Employees Have a Right to Use Their Employer's E-Mail System for Union Organizing

NLRB Overrules 2007 Decision and Holds That Employees H...

On December 11, 2014, the National Labor Relations Board ("Board") issued a 3-2 ...

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NLRB Issues Final Rule on "Quickie" Elections

NLRB Issues Final Rule on "Quickie" Elections

On December 15, the National Labor Relations Board's final rule amending the cur...

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Two Bond Webinars Scheduled Regarding Recent NLRB Developments

Two Bond Webinars Scheduled Regarding Recent NLRB Devel...

Recent activity by the National Labor Relations Board has significantly changed ...

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The National Labor Relations Board Strikes Again -- How Managerial Are Your Faculty and How Religious Is Your Institution?

The National Labor Relations Board Strikes Again -- How...

In the latest example of dramatic changes to well-developed principles of federa...

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D.C. Court Strikes Down Two USDOL Regulations and Restores Full "Companionship Exemption" Under the FLSA

D.C. Court Strikes Down Two USDOL Regulations and Resto...

In a victory for Home Care employers, the U.S. District Court for the District o...

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The U.S. Department of Labor Announces a Revised Definition of "Spouse" Under the FMLA

The U.S. Department of Labor Announces a Revised Defini...

The U.S. Department of Labor ("DOL") today announced a change to the definition ...

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NYS Acting Commissioner of Labor Accepts the Wage Board's Recommendation to Increase the Minimum Wage for Tipped Employees in the Hospitality Industry

NYS Acting Commissioner of Labor Accepts the Wage Board...

New York State's Acting Commissioner of Labor, Mario Musolino, issued an Order t...

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Pooh Corner and a Zen Approach to Employment Law

Pooh Corner and a Zen Approach to Employment Law

In prior blog articles, we’ve visited the battle field with Sun Tzu to learn the...

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Federal Court Rules That HR Consultant's Report is Not Privileged

Federal Court Rules That HR Consultant's Report is Not ...

On March 27, 2015, the U.S. District Court for the Southern District of New York...

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Let's Get Back to the Basics of Workplace Investigations When the Whistle Blows

Let's Get Back to the Basics of Workplace Investigation...

Conducting workplace investigations is one of the most challenging and most impo...

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New York City Human Rights Law Strictly Limits Employers' Use of Credit Checks in Hiring

New York City Human Rights Law Strictly Limits Employer...

In follow-up to our April 21 post, New York City Mayor Bill de Blasio signed int...

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OSHA Clarifies the Standard for Whistleblower Claims

OSHA Clarifies the Standard for Whistleblower Claims

On April 20, 2015, the Acting Director of the Occupational Safety and Health Adm...

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