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California Minimum Wage to Increase in 2021 Posted on: November 25, 2020 In: Labor & Employment
Employers in The Golden State should be aware of the new legal requirements that will impact their businesses starting next year. Big changes await businesses with California employees in 2021. On January 1, 2021, the minimum wage in California will increase. The wage increase will be dependent upon the number of persons employed by the employer.
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Tags:
california, minimum wage, payroll, employment law
California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Tags:
california, affirmative action, discrimination, eeoc, employment law
Voting-Leave Laws: What Employers in New York Should Know Before Election Day Posted on: October 12, 2020 In: Labor & Employment
On Tuesday, November 3, 2020, Americans will have an opportunity to exercise their right to vote in the presidential election. With Election Day fast approaching, employers should know whether they are required to provide employees with time off to cast their ballots at the polls. Even though many states have expanded absentee voting in light of the COVID-19 pandemic, employers must still be mindful of the laws in their state concerning an employee’s ability to visit the polls during the workday.
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Tags:
election law, voting, paid leave, new york, employment law
Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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Tags:
whistleblower, discrimination, title vii, termination, employment law
U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & Employment
In 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171, and first recognized a “ministerial exception.” The ministerial exception is a First Amendment doctrine that prohibits civil courts from adjudicating employment-related cases brought by “ministerial” employees against their religious employers.
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Tags:
employment law, religion, lgbtq+, supreme court, discrimination
Americans with Disabilities Act: A Checklist for Compliance Posted on: July 09, 2020 In: Labor & Employment
While employers are busy complying with the ever-changing landscape of regulations during a pandemic, “normal” employment issues, such as disability accommodations, remain as important as ever.
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Tags:
employment law, ada, americans with disabilities act
New York City Council Proposes Essential Workers’ Bill of Rights Posted on: May 08, 2020 In: Labor & Employment
In April, the New York City Council introduced a sweeping legislative package designed to aid small businesses, essential workers, tenants, and the homeless in the five boroughs during the ongoing COVID-19 pandemic. The package includes a series of bills the Council calls the “NYC Essential Workers’ Bill of Rights,” which would require large employers to provide additional protections and hazard pay to hourly workers assisting the city’s efforts to continue to operate during the COVID-19 pandemic.
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Tags:
new york city, essential workers, covid-19, coronavirus, paid leave, employment law
5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & Employment
Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.
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Tags:
supreme court, discrimination, race, employment law, causation
Five Pointers for Enforcing a Non-Compete Agreement in Texas Posted on: March 19, 2020 In: Labor & Employment
Partner Kristopher M. Stockberger provides some tips on how to ensure a non-compete agreement in The Lone Star State is fully enforceable.
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Tags:
texas, non-competition, trade secrets, employment law, employment agreement
CBD in the Workplace & Potential Changes to Kentucky Law Posted on: March 03, 2020 In: Labor & Employment
Compared to other states, marijuana laws in Kentucky are stringent, even for qualified medical patients. However, in 2017 the state’s legislature afforded statewide legal status for the consumption and retail sale of CBD products. Under state law, as long as CBD is derived from industrial hemp and less than 0.3% THC, it is legal to own CBD oil in Kentucky.
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Tags:
cbd, kentucky, drug testing, marijuana, human resources, employment law
Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & Employment
The Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
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Tags:
non-competition, employers, trade secrets, employment law, employment agreements
What Exactly is “Associational Race Discrimination” under the FEHA? Posted on: January 07, 2020 In: Labor & Employment
In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, national origin, religion, age, disability, sex and gender, among other categories. In addition, the FEHA provides an express cause of action for discrimination based on association with individuals in a category protected by the Act. These types of claims primarily arise in the context of disability discrimination.
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Tags:
employment law, fair employment and housing act, california, title vii

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