Labor & Employment - Lewis Brisbois Bisgaard & Smith LLP

Labor & Employment

Labor & Employment Practice

All Blog posts

Three Tips for Updating, Enforcing Arbitration Agreements to Minimize PAGA Exposure in California Following Supreme Court’s Viking River Decision Posted on: July 01, 2022 In: Labor & Employment
For almost two decades, the California Private Attorneys General Act of 2004 (PAGA) has vexed employers and resulted in significant increased exposure to wage and hour claims. To limit exposure, many employers have implemented arbitration agreements that include class and PAGA representative action waivers, which appeared unenforceable. However, in Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court recently breathed new life into this strategy.
Read more »

Tags:
supreme court, california, paga, arbitration, employment agreements
Four Big Benefits to Bringing an Anti-SLAPP Motion in a California Employment Lawsuit Posted on: June 21, 2022 In: Labor & Employment
California enacted its anti-SLAPP (i.e., Strategic Lawsuits Against Public Participation) statute to provide a procedural remedy early in litigation to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. In the employment context, an anti-SLAPP motion most often is used to attack a defamation cause of action, but it can apply to any cause of action regardless of title, so long as it comes within the four types of protected speech.
Read more »

Tags:
california, anti-slapp, protected speech, litigation
Every Service Dog Gets Two Bites: Reasonable Access and Reasonable Accommodation Obligations Under the ADA Posted on: June 15, 2022 In: Labor & Employment
As American workers continue returning to the office and facilities across the country continue to reopen following pandemic-induced closures, service and support animals are becoming increasingly present in our workplaces. These animals, particularly dogs, help people with a range of disabilities, and their presence in the workplace presents employers and business owners with distinctly different obligations under Titles I and III of the Americans with Disabilities Act (ADA).
Read more »

Tags:
ada, support animals, disabilities, reasonable accommodations, human resources
Pay Attention: In California, Meal and Rest Premiums Are Now Subject to Wage Statement and Final Pay Requirements Posted on: June 09, 2022 In: Labor & Employment
The California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(a). In addition, the prejudgment interest rate for violating any of these sections is 7%. In essence, the ruling means that these premiums may trigger derivative wage statements and waiting time penalties.
Read more »

Tags:
california, wage and hour, payroll, meal and rest periods, labor law
Five Things Employment Lawyers Are Talking About (and Maybe You Should Too) Posted on: May 24, 2022 In: Labor & Employment
Within the Labor & Employment Advice and Counseling Group at Lewis Brisbois, we talk up a storm. We talk to each other and we talk to our clients, every day, about all the new changes being implemented by state and local lawmakers in many parts of the United States. While every employer, employee, and workplace is different and unique, you can’t help but spot some trends over time. So, what are we talking about, exactly? Here are our top five most-talked-about topics for 2022 – so far.
Read more »

Tags:
paid leave, non-competition, arbitration, wage and hour, employee handbook, employment law, human resources, payroll
Tips for Employers When Drafting Employment Applications Posted on: May 19, 2022 In: Labor & Employment
Employers trying to minimize risk of legal exposure must consider several critical issues when screening prospective hires, including drafting and reviewing employment applications. A job application is a vital part of the screening process and provides an organized way for the employer to collect information from applicants. But applications must be drafted to comply with all relevant federal, state, and local laws and so, by extension, contain several legal traps for the unwary.
Read more »

Tags:
human resources, hiring, eeoc, equal employment, personal information, employment law
Check the Checklist! Four Considerations When Hiring Your First Employee Posted on: May 13, 2022 In: Labor & Employment
So, you’ve started a business all by yourself. That is no small feat. You have chosen an awesome company name, your tax documents are all in order, and your website has been generating lots of traffic. Now, your business is booming, and you’re up to your nose in work! It might be time to hire your first employee. That will also be no small step, and there are many considerations to, well, consider. Here’s a checklist to keep in mind.
Read more »

Tags:
employment law, hiring, human resources, small business, wage and hour
California Employers’ New Obligations Under the CPRA Posted on: May 11, 2022 In: Labor & Employment
In November 2020, California voters approved Proposition 24 – also known as the California Privacy Rights Act (CPRA) – a ballot initiative that amended the California Consumer Privacy Act (CCPA). While the CCPA explicitly granted data privacy rights to California residents in their capacity as consumers, the CPRA grants employees additional rights with respect to their data rights.
Read more »

Tags:
ccpa, cpra, california, human resources, personal information
Effective Non-Competition Agreements for Expanding Businesses Posted on: April 20, 2022 In: Labor & Employment
Expansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company.
Read more »

Tags:
non-competition, employment agreements, mergers, trade secrets, employment law
Tips for Employers for Compliant Handbook Policies and Practices Posted on: April 19, 2022 In: Labor & Employment
Every employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures.
Read more »

Tags:
employee handbook, human resources, employment law, labor law
No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
Read more »

Tags:
new york, labor law, retaliation, wage and hour, kickbacks
Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims Posted on: April 15, 2022 In: Labor & Employment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration.
Read more »

Tags:
arbitration, sexual harassment, human resources, employment law, employment agreements

1
2
3
›