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Lewis Brisbois’ 2022 State Labor & Employment Year End Reviews Posted on: February 28, 2023 In: Labor & Employment
Each year, Lewis Brisbois’ Labor & Employment attorneys review the past year’s major legislative and caselaw developments related to labor and employment law in their respective states. This post features a list with links to these 17 alerts, covering 31 Lewis Brisbois offices across 18 states and the District of Columbia, published between December 22, 2022 and February 14, 2023.
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Tags:
labor law, employment law, legislative alert, employers, human resources, payroll
The First Line in the Sand: Florida Federal District Court’s Ruling on Title IX’s Applicability to College eSports Posted on: February 27, 2023 In: Sports Law
As esports have grown in popularity and commercial relevance, particularly as a professional pursuit, their place among colleges and universities has also escalated. The question of whether collegiate esports teams fall under the same legal umbrella as other college athletic programs and are subject to Title IX – the federal law that prohibits discrimination on the basis of sex at federally funded educational institution – is just now beginning to reach the courts for consideration.
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Tags:
title ix, esports, ncaa, eleventh circuit, student-athletes
Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & Employment
In a matter of first impression, the Court of Appeals for the Third Circuit recently confirmed that the Occupational Safety and Health Act of 1970 (OSH Act) mandates the dismissal of an employee’s action against the Secretary of Labor once the Department of Labor has completed its standard enforcement proceedings.
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Tags:
osha, osh act, third circuit, workplace safety, labor law
Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights Posted on: February 10, 2023 In: Intellectual Property & Technology
On February 8, 2023, a Manhattan federal jury found an NFT artist liable for having infringed upon Hermès' popular Birkin brand, awarding Hermès $133,000 in total damages. This was one of the first trials involving trademark rights in the digital space of NFTs.
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Tags:
nft, trademark, hermès, birkin, rogers test
New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees Posted on: January 26, 2023 In: Labor & Employment
The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) were enacted through the Consolidated Appropriations Act of 2023. Together, these two Acts establish enhanced protections for childrearing employees and impose additional obligations on employers.
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Tags:
breastfeeding, lactation, pregnancy, working mothers, reasonable accommodation, pwfa, pump for nursing mothers act, ada
The New Mexico Healthy Workplaces Act: An Overview Posted on: January 19, 2023 In: Labor & Employment
Under the New Mexico Healthy Workplaces Act (NM HWA), which went into effect on July 1, 2022, employers in New Mexico are now required to provide paid sick leave to all employees, whether full-time, part-time, seasonal, or temporary, hourly and salaried (exempt or non-exempt), at the employee’s usual hourly rate. This post provides an overview of this Act.
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Tags:
new mexico, paid leave, human resources, employment law
Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & Employment
The Third Circuit Court of Appeals, in O’Brien v. The Middle East Forum, et al., No. 2102646 (3d Cir. Jan. 5, 2023), narrowed the Ellerth-Faragher affirmative defense in hostile work environment cases. The Third Circuit held that an employer cannot raise this affirmative defense if the harasser functions as the employer’s “proxy” or “alter ego.” Instead, an employer is strictly liable for harassment perpetrated by its proxy or alter ego.
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Tags:
third circuit, ellerth-faragher, hostile work environment, employment law, labor law
Sports Law: A Year in Review & What to Watch for in 2023 Posted on: January 13, 2023 In: Sports Law
In 2022, the area of sports law experienced major developments across the country, many of which will continue their trajectory of change in the new year. In this post, we summarize the most significant sports law events of 2022 and predict the areas we anticipate will continue to see development in 2023.
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Tags:
sports law, nil, student-athletes, antitrust, ncaa, mlb, equal pay, unions
City of Gainesville Becomes First Florida City to Pass Ordinance Limiting Private Employers’ Use of Criminal Histories in Hiring, Employment Posted on: January 11, 2023 In: Labor & Employment
On December 22, 2022, the City of Gainesville, Florida passed the Fair Chance Hiring Ordinance (Ordinance No. 2022-617). The ordinance prohibits employers with 15 or more employees from asking any questions regarding an applicant’s criminal history in the application process.
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Tags:
florida, background check, hiring, human resources, employment law
Federal Trade Commission Cracks Down on Non-Compete Agreements Posted on: January 06, 2023 In: Labor & Employment
In three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets.
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Tags:
ftc, non-compete agreements, trade secrets, employment agreements, employment law, human resources
New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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Tags:
new york, labor law, paid time off, ada, fmla, human resources
Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
A common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
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Tags:
california, paga, arbitration, wage and hour, employment law, labor law

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