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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Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
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NLRB Reclassification Efforts of Student-Athletes Moves Forward Posted on: December 16, 2022 In: Sports LawThe National Labor Relations Board’s Division of Advice has directed the Regional Director of NLRB Region 31 (the L.A. Regional office) to proceed with the issuance of a formal complaint arising from an unfair labor practice charge filed against the University of Southern California, the Pac-12 Conference, and the NCAA alleging that revenue-generating athletes are currently illegally misclassified as student-athletes rather than as employees pursuant to the National Labor Relations Act.
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Just In Time: Last Minute Compliance Tips for the CPRA and VCDPA Posted on: December 06, 2022 In: Data Privacy & CybersecurityDecember is a busy time for businesses and individuals alike and the last thing anyone wants is more on their to-do list. However, we encourage organizations to take stock of their privacy program, and to pay particular attention to the new privacy laws that will become effective on January 1, 2023: the California Privacy Rights Act (CPRA) and the Virginia Consumer Data Protection Act (VCDPA). Businesses with operations in these states should assess whether the new laws apply to them and what to do next.
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New York State Joins Growing Number of States Offering NIL Rights to Student-Athletes Posted on: December 01, 2022 In: Sports LawNew York has become the most recent state to adopt a name, image, and likeness (NIL) law. Consistent with all state laws passed to date, the New York Collegiate Athletic Participation Compensation Act authorizes college athletes to monetize their NIL rights without jeopardizing their eligibility or creating any risk of having their college scholarship revoked for asserting their right to utilize their NIL rights.
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A CROWNing Achievement for Massachusetts Posted on: November 01, 2022 In: Labor & EmploymentOn the heels of other jurisdictions that have enacted similar legislation over the past few years, Massachusetts Governor Charlie Baker signed the CROWN Act into law on July 26, 2022, making Massachusetts the 18th state to enact such protections. The Massachusetts CROWN Act went into effect on October 24, 2022.
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NCAA Clarifies Interim NIL Policy Posted on: October 27, 2022 In: Sports LawOn October 26, the NCAA Division I Board of Directors unanimously approved a series of measures that had been supported by the Division I Council to specifically clarify how schools can actively become involved in name, image, and likeness (NIL) activities for their enrolled students. Univ. of Georgia President Jere Morehead commented, "As we continue to reinforce current NCAA rules, we expect to offer further guidance in the future on what should and should not be done when engaged in these activities."
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Eighth Circ. Finds Financial Conflict of Interest Not Always Sufficient to Constitute Breach of ERISA Fiduciary Duty of Loyalty Posted on: October 20, 2022 In: Labor & EmploymentIn recent years, there has been a proliferation of lawsuits alleging breach of fiduciary duty against sponsors of 401(k) plans and service providers to those plans under the Employee Retirement Income Security Act, or ERISA. In a recent case, the Eighth Circuit held that a plan service provider did not violate ERISA despite having the ability to unilaterally set a low interest rate on a proprietary investment it offered to the employer’s 401k plan, and then profited from participants who invested in it.
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White House Issues Executive Order on EU-U.S. Data Privacy Framework Posted on: October 18, 2022 In: Data Privacy & CybersecurityOn October 7, 2022, President Biden signed the “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,” which outlines the actions the United States will take to implement the commitments made under the European Union-U.S. Data Privacy Framework announced in March 2022. This is a welcome change for U.S. companies grappling with compliance requirements under the EU’s far-reaching data privacy law, the General Data Protection Regulation.
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UPDATE: “Doncic v. His Mother” Trademark Dispute Continues Posted on: October 14, 2022 In: Sports LawMirjam Poterbin, the mother of NBA Superstar Luka Doncic, has filed a motion to dismiss her son’s petition to cancel the trademark that she currently controls. Poterbin’s memorandum submitted in support of her motion argues that Doncic’s submission lacks a “valid ground” for contesting the registration.
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Luka Doncic v. His Mom: One Athlete’s Legal Challenge to Reclaim His Name and the Case’s Potential Impact in the New NIL Era Posted on: October 13, 2022 In: Sports LawAs the world of professional sports continues its international growth pattern, athletes have recognized the worldwide value of their personal name, image, and likeness (NIL), and the importance of protecting their marketability with the filing of individual trademarks. Recently, NBA superstar Luka Doncic initiated a legal action against his mother, Mirjam Poterbin to reclaim trademark rights to his own name that she currently owns and controls.
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Pennsylvania Dept. of Labor and Industry Updates Minimum Wage Act for Tipped and Overtime Employees Posted on: October 06, 2022 In: Labor & EmploymentAfter maintaining the same overtime regulations for more than four decades, for the second time in less than two years, the Pennsylvania Department of Labor and Industry (DLI) has updated the Pennsylvania Minimum Wage Act to expand wage protections to tipped and overtime employees. Effective August 5, 2022, the DLI revised its wage regulations regarding compensation for tipped and salaried employees with fluctuating schedules who work overtime.
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New Federal Legislation Aims to Eliminate Tax Write-Offs For Contributions to NIL Collectives Posted on: September 30, 2022 In: Sports LawThe emergence of “collectives” in the world of Name, Image, and Likeness (NIL) has raised the questions of whether these entities seeking 501(c)(3) status from the Internal Revenue Code of 1986, as amended (the “Code”) are actually public charities and if donations to these collective entities should be considered tax-deductible.
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Featured Posts
- February 10, 2023 Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights
- January 13, 2023 Sports Law: A Year in Review & What to Watch for in 2023
- January 06, 2023 Federal Trade Commission Cracks Down on Non-Compete Agreements
- December 06, 2022 Just In Time: Last Minute Compliance Tips for the CPRA and VCDPA
- November 01, 2022 A CROWNing Achievement for Massachusetts
- October 18, 2022 White House Issues Executive Order on EU-U.S. Data Privacy Framework
- September 09, 2022 Fifty Years of Progress: The Legal History of Title IX
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