Latest Blog Posts

• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Blog: ADA Compliance & Defense
  Date: January 26, 2023 Title: New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees
  Summary: 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....
• Blog: Labor & Employment
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Date: January 19, 2023 Title: The New Mexico Healthy Workplaces Act: An Overview
  Summary: 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....
• Blog: Labor & Employment
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Date: January 18, 2023 Title: Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases
  Summary: 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....
• Blog: Entertainment, Media & Sports
  Blog: Labor & Employment
  Blog: Traditional Labor
  Blog: Intellectual Property & Technology
  Blog: Antitrust & Competition
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Date: January 13, 2023 Title: Sports Law: A Year in Review & What to Watch for in 2023
  Summary: 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....
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: Traditional Labor
  Date: January 11, 2023 Title: City of Gainesville Becomes First Florida City to Pass Ordinance Limiting Private Employers’ Use of Criminal Histories in Hiring, Employment
  Summary: 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. ...
• Blog: Labor & Employment
  Blog: Trade Secrets & Non-Compete Disputes
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: Traditional Labor
  Date: January 06, 2023 Title: Federal Trade Commission Cracks Down on Non-Compete Agreements
  Summary: 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. ...
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: New York Labor Law
  Blog: Traditional Labor
  Date: January 04, 2023 Title: New York Employers May Not Penalize Employees for Lawful Absences
  Summary: 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. ...
• Blog: Labor & Employment
  Blog: Wage & Hour Class Actions
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Date: December 21, 2022 Title: Can I Arbitrate Private Attorneys General Act Claims in California?
  Summary: 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....
• Blog: Entertainment, Media & Sports
  Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Date: December 16, 2022 Title: NLRB Reclassification Efforts of Student-Athletes Moves Forward
  Summary: The 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....
• Blog: Data Privacy & Cybersecurity
  Date: December 06, 2022 Title: Just In Time: Last Minute Compliance Tips for the CPRA and VCDPA
  Summary: December 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....