On November 8, 2024, in Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (“NLRB”) tightened restrictions on what employers can say to workers about the impact of unionization. In making this ruling the NLRB overruled its 1985 decision in Tri-Cast, Inc., which held that most employers’ statements about the impact of
Texas District Court Strikes Down DOL’s Increased Salary Threshold for EAP Overtime Exemptions
On April 23, 2024, the U.S. DOL announced a final rule in which the salary threshold for the executive, administrative, and professional (EAP) overtime exemptions increased on July 1, 2024, to $844 per week ($43,888 annually). The salary threshold was set to increase again on January 1, 2025 to $1,128 per week ($58,656 annually).
Today…
NLRB Rules Captive-Audience Meetings Violate Employees’ Rights
In a significant November 13, 2024 decision, the National Labor Relations Board (NLRB) ruled in Amazon.com Services LLC that an employer violates the National Labor Relations Act (NLRA) by requiring employees to attend anti-union meetings. The NLRB overruled its 1948 decision in Babcock & Wilcox Co., clarifying that such “captive-audience” meetings violate Section…
New California Employment Laws for 2025
California’s 2023-2024 legislative session just concluded, and California employers will want to be aware of the following new employment laws that take effect January 1, 2025, unless otherwise noted:
Social Compliance Audits. Effective January 1, 2025, AB 3234 adds sections 1250-1251 to the Labor Code and requires employers to post on their internet website…
New Workplace Violence Prevention Requirements for Retail Employers in New York
New York Governor Kathy Hochul signed the Retail Worker Safety Act (“RWSA”) into law earlier this month, extending workplace safety measures applicable to many retail employers statewide. The RWSA, which applies to any employer with 10 or more employees selling consumer goods (not including food to be consumed on premises), requires covered employers to develop…
Court Strikes Down FTC Non-Compete Rule Nationwide
After issuing a narrow party-specific, preliminary injunction against enforcement of the non-compete rule in July, the same Texas court issued broader, permanent relief in a ruling issued today in Ryan, LLC v. FTC. Specifically, the court ruled (in granting a motion for summary judgment brought by the U.S. Chamber of Commerce and others) that the…
Freelance Isn’t Free: What Employers Should Know Before the Act Takes Effect
Passed late last year, the Freelance Isn’t Free Act (the “Act”) is expected to go into effect on August 28, 2024. The Act extends protections for freelance workers across New York State and mirrors protections in New York City’s Freelance Isn’t Free Law.
The Act defines a freelance worker as any person or single-person…
Amendment Offers Relief from Huge Jury Verdicts Under Illinois’ Biometric Privacy Law
Illinois’ Biometric Information Privacy Act (“BIPA”) has produced some of the largest jury verdicts ever seen in employment law. These verdicts, some of which exceed $100 million, result from employers’ use of biometric devices without proper notice to employees. Relief from these crushing verdicts is in sight, though, as a result of a recent amendment…
California Supreme Court: A PAGA Plaintiff Does Not Have a Right to Intervene, in the Interest of the State, in a Separate PAGA Action to Try to Challenge a PAGA Settlement
As many large employers in California have experienced, it is all too common to have separate employees file duplicative PAGA actions in separate courts covering the same alleged claims on behalf of the same group of employees. PAGA, of course, refers to the Private Attorneys General Act—a unique California law that allows an employee to…
The FTC Ban on Non-Compete Agreements Is Still Taking Effect in September for Most Employers
As we previously reported, in April of this year, the Federal Trade Commission (“FTC”) issued a final rule regarding non-compete agreements. The FTC’s rule operates as an almost complete ban on such agreements. Unless enjoined by a court, the rule is scheduled to take effect on September 4, 2024. Since April, several lawsuits have been…