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As we predicted (here), employees can be compelled to individually arbitrate their Labor Code claims under the Private Attorneys General Act of 2004 (“PAGA”), but an arbitration agreement that prohibits employees from bringing a representative action on behalf of other employees in court violates California public policy.  In Adolph v. Uber Technologies, Inc., S274671 (July 17, 2023) (“Adolph”), the California Supreme Court analyzed whether an employee retained standing to bring a PAGA action on behalf of other aggrieved employees despite the existence of a valid arbitration agreement requiring arbitration of the employee’s individual PAGA claims.  The Court answered with an unequivocal and unanimous “yes.”  Continue Reading The California Supreme Court Sets Viking River Cruise Decision Adrift

Illinois is expected to join a number of other states, including California, Colorado and Washington, in requiring the disclosure of salary information in job postings.  House Bill 3129 amends the Illinois Equal Pay Act (IEPA), making it unlawful for an employer to fail to include in any job posting the pay scale and benefits for a position that will be (i) physically performed, in whole or in part, in Illinois or (ii) physically performed outside of Illinois where the employee reports to a supervisor, office or other work site in Illinois. Continue Reading Illinois Governor Expected to Sign Pay Transparency Bill into Law

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On June 13, 2023, the National Labor Relations Board (“NLRB”) issued its decision in The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), overturning the current standard for determining independent contractor status and returning to a previous test.  Because section 2(3) of the National Labor Relations Act (“NLRA”) excludes independent contractors from the broad group of workers covered by the statute, whether workers are considered employees or independent contractors determines whether workers can exercise rights guaranteed by the NLRA, such as forming unions and engaging in protected concerted activities.Continue Reading NLRB Refashions Independent Contractor Test

On May 30, 2023, the Wage and Hour Division of the United States Department of Labor (“USDOL”) issued an opinion letter offering clarification as to whether holidays that occur during a period of leave covered by the Family Medical Leave Act (“FMLA”) count against the employee’s FMLA entitlement and determination of the amount of leave taken.Continue Reading Calculating FMLA Leave:  What Happens on Holidays?

Although many cities in the Golden State increased their minimum wage on January 1, 2023, various localities in California will increase their minimum wage on July 1, 2023.  Below is a list of the cities and counties that require an increase in the minimum wage for hourly employees:Continue Reading Employers Face Minimum Wage Increases in Certain Cities and Local Areas

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The headlines this week have provided striking images of smoke from Canadian wildfires descending on New York City, Boston, Philadelphia, and other cities in the United States.  The poor air quality associated with wildfires means more than cancelled sporting events, spoiled beach days, and cancelled flights.  Wildfire smoke can be extremely harmful to the lungs, especially for children, older adults and those with asthma, COPD, bronchitis, chronic heart disease, or diabetes.  According to the American Lung Association, wildfire particle pollution can cause bronchitis, asthma attacks, heart attacks and strokes.Continue Reading Canada’s Wildfires Are a Good Reminder of an Employer’s Duty to Provide a Workplace Free of Known Safety and Health Hazards

On May 10, 2023, the Colorado legislature passed Senate Bill 23-105 (the “Amendment”), which amends Colorado’s Equal Pay for Equal Work Act to clarify certain existing employer obligations and add new obligations.  Governor Jared Polis is expected to sign the Amendment into law, which will take effect on January 1, 2024.Continue Reading Colorado Bill Amends Equal Pay for Equal Work Act

United States Supreme Court building is located in Washington, D.C., USA.
United States Supreme Court building is located in Washington, D.C., USA.

On Thursday, June 1, 2023, the U.S. Supreme Court, in an 8-1 decision, held that the National Labor Relations Act does not prevent an employer from suing a labor union in state court for alleged intentional destruction of property during a strike.  In Glacier Northwest, Inc. v. International Brotherhood. of Teamsters Local Union No. 174, the company filed a lawsuit in state court in Washington alleging that the union coordinated with truck drivers to time their strike so mixed concrete would harden and potentially damage the company’s trucks.  The Washington Supreme Court held that the National Labor Relations Act preempted state law and blocked the lawsuit from proceeding.  The U.S. Supreme Court reversed.Continue Reading Supreme Court Allows Employer to Sue Union. Is that a big deal?