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Labor and Employment Compliance Blog

Topics

Arbitration

Non-Employee Spouse’s Claim Against Starbucks Not Governed By Employee Spouse’s Arbitration Agreement

California

New California Employment Laws for 2025

Class Actions

Amendment Offers Relief from Huge Jury Verdicts Under Illinois’ Biometric Privacy Law

Class Actions/PAGA

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 SettlementCalifornia Finally Adopts PAGA Reform Measures

Compliance

Changes in the Landscape of DEI: A Shift in the Application and UnderstandingNew California Employment Laws for 2025Court Strikes Down FTC Non-Compete Rule Nationwide

Discrimination/EEO

Changes in the Landscape of DEI: A Shift in the Application and UnderstandingSupreme Court Clarifies Test for Evaluating a Transfer Under Title VIIEEOC Publishes Pay Data Collected from Employers

Employment Agreements

Court Strikes Down FTC Non-Compete Rule Nationwide

Employment Litigation

California Finally Adopts PAGA Reform MeasuresSupreme Court Clarifies Test for Evaluating a Transfer Under Title VIIDOL Clarifies Pay Requirements for Remote Hourly Workers

Employment Litigation Issues

California Arbitration Agreements – The Importance of Timely Payment of Arbitration Fees

Immigration

Update on H-1B Presidential Proclamation: What We Know and What We Do Not Know at This TimeThe “New” Alien Registration Requirement Started April 11, 2025.  Requirements to Carry Immigration Registration Document and Report Change of Address.Immigration Enforcement and Worksite Compliance: What Employers Need to Know

Leaves of Absence

Michigan Earned Sick Time Act Takes Effect with Significant Last-Minute AmendmentsDuluth, Minnesota Repeals Its Paid Sick Leave OrdinanceCalifornia Now Requires Employers to Provide Leave for Reproductive Loss

Litigation

Federal Judge Blocks Trump Administration Rule Limiting Joint Employer Liability for WagesAn Overview of the Defend Trade Secrets Act

New Laws

SB 261: California Imposes Triple Damages for Unsatisfied Wage Judgments New Executive Order Seeks to Trump Disparate Impact Theory of LiabilityMichigan Earned Sick Time Act Takes Effect with Significant Last-Minute Amendments

NLRB/Union

Employers Must Proceed with Caution When Commenting on Impacts of UnionizationNLRB Rules Captive-Audience Meetings Violate Employees' Rights

OSHA

California Reminder:  Workplace Violence Prevention Plans Due by July

Pay Requirements

Freelance Isn't Free: What Employers Should Know Before the Act Takes Effect

Personnel Policies/Practices

Michigan Earned Sick Time Act Takes Effect with Significant Last-Minute AmendmentsNew Workplace Violence Prevention Requirements for Retail Employers in New YorkFreelance Isn't Free: What Employers Should Know Before the Act Takes Effect

Privacy Issues

Amendment Offers Relief from Huge Jury Verdicts Under Illinois’ Biometric Privacy LawCourt Decision Shows That Employers Can Still Issue Discipline for Workplace Marijuana Use or Impairment

Restrictive Covenants/Non-Competes

Court Strikes Down FTC Non-Compete Rule NationwideThe FTC Ban on Non-Compete Agreements Is Still Taking Effect in September for Most EmployersFederal Trade Commission Bans Non-Compete Agreements

Uncategorized

McDonnell Douglas and the “Convincing Mosaic”: Questions Remain After 11th Cir. And U.S. Supreme Court RulingsUSCIS Ends Automatic Extension of Employment Authorization Documents of Certain Applicants in Interim Final RuleUSCIS Offers Clarification on H-1B Presidential Proclamation

Wage and Hour

Freelance Isn't Free: What Employers Should Know Before the Act Takes EffectCalifornia 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 SettlementCalifornia Healthcare Worker Minimum Wage Hikes Delayed

Our Editorial Team

Photo of W. Brian HolladayW. Brian HolladayPartner

Brian represents employers in all areas of labor and employment law. As co-chair of the Firm’s National Compliance team, he frequently advises employers on compliance…

Brian represents employers in all areas of labor and employment law. As co-chair of the Firm’s National Compliance team, he frequently advises employers on compliance with national, state, and local legal requirements. Brian’s areas of expertise include guiding employers through the disciplinary and termination process, leave and other accommodation requests, pay equity and transparency laws, and fair workweek legislation. Brian drafts employee handbooks and other policies, employment agreements, and restrictive covenants (such as non-compete, non-solicit, and confidentiality agreements).

Brian also defends employers in courts and administrative agencies across the country. Clients rely on Brian for the defense of employment-related claims such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the National Labor Relations Act. Likewise, Brian assists with high-stakes government audits and investigations, including matters before the EEOC, DOL Wage and Hour Division, OFCCP, and OSHA.

Brian has earned a reputation for his expertise in issues related to the use of staffing agencies, including contracting issues, managing co-employment risk, and defending claims filed by staffing agency employees. He also litigates business torts and contract disputes.

Brian grew up in Knoxville, Tennessee. He received his bachelor’s degree, magna cum laude, from Furman University, where he was captain of the Track and Field team.  Prior to joining the firm, Brian served as a law clerk to the Honorable Gerrilyn G. Brill of the United States District Court for the Northern District of Georgia.

Brian earned his J.D., magna cum laude, from Duke University School of Law. He is now a Senior Lecturing Fellow at Duke University School of Law. He teaches a course called A Practitioner’s Guide to Employment Law.

In his free time, Brian enjoys coaching his children’s youth sports teams.

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Photo of Patricia E. SimonPatricia E. SimonPartner

As a labor and employment law litigator in state and federal courts, Patty has obtained favorable results for clients ranging from administrative matters to the…

As a labor and employment law litigator in state and federal courts, Patty has obtained favorable results for clients ranging from administrative matters to the defense of single and multiple plaintiff litigation.  You’ll regularly find her providing representation before administrative agencies across the country, defending claims filed by current and former employees.  Patty also advises clients on a daily basis regarding employment issues such as handbooks, policies and procedures, restrictive covenants, Federal & State discrimination laws, as well as the defense of claims involving wage and hour laws, wrongful discharge, discipline and discharge, and employment contracts.

Originally from Philadelphia but raised in Atlanta, Patty is one of the founding partners of MHS.  She currently hosts seminars and trainings to both current and prospective clients on a broad range of topics related to labor and employment law, including state and federal discrimination and harassment laws and wage and hour laws.

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Photo of Robin E. LargentRobin E. LargentPartner

Robin Largent has been advising and defending employers for over twenty years, primarily in California state and federal courts.  Robin’s practice focuses on the defense…

Robin Largent has been advising and defending employers for over twenty years, primarily in California state and federal courts.  Robin’s practice focuses on the defense of wage and hour class and representative (PAGA) actions.  Robin’s practice also focuses heavily on compliance and advice on best practices to prevent and mitigate the risks of employment litigation.  Robin also regularly defends employers ranging from small, locally owned businesses to large national corporations in single plaintiff employment litigation involving claims for discrimination, harassment, retaliation, breach of contract, and wrongful termination.  Robin has substantial appellate experience and success handling appeals, writ petitions, and amicus briefs in both state and federal courts on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, novel issues of interpretation of wage and hour laws, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.  Finally, Robin is well-known for her former role as Editor and primary author of the California Labor and Employment Law Blog for close to a decade.

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