The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure  “individuals with criminal records have fair and equitable access to opportunities for gainful employment.”  By September 3, 2024, employers in the unincorporated areas of Los Angeles County with five or more employees must comply with the Ordinance.

Continue Reading L.A. County Board of Supervisors Passes Fair Chance Ordinance

Several key changes to UK employment rights  will come into effect in April 2024. By way of brief summary, the key changes for employers to be aware of, and those that will require immediate attention to ensure legally compliant and up-to-date HR policies and practices in the UK, include the following:

Continue Reading Key Changes Impacting UK Employment Law From April 2024

In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held that the district court was correct to send the individual plaintiff’s Private Attorneys General Act (“PAGA”) claims to arbitration, but reversed the dismissal of the representative PAGA claims, holding they must remain in court.  Although whether PAGA representative claims should remain in court after the plaintiff has been compelled to arbitrate his or her individual claims remains unsettled under the Federal Arbitration Action (“FAA”), and ultimately will be decided by the U.S. Supreme Court, the Ninth Circuit ruling wasn’t particularly surprising.  What is more interesting is the concurrence by Judge Kenneth Lee, who noted some tension between the FAA and Adolph

Continue Reading Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph

Seven years after the UK Supreme Court decided that the payment of fees to bring Employment Tribunal claims was unlawful and should be abolished, the Government has published a consultation paper to reintroduce fees in the Employment Tribunals (“ET”) and Employment Appeal Tribunal (“EAT”).

Continue Reading UK Government Proposes to Reintroduce Employment Tribunal Fees

On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees rather than independent contractors. The final rule proposes a six-factor test to be applied when evaluating a worker’s status with some guidelines on the interpretation on how to apply the factors. The final rule goes into effect on March 11, 2024. For more detailed information on the DOL’s final rule, see here.

Although non-competition agreements are under ongoing attack at the federal and state levels (including being banned in California, Minnesota, North Dakota, and Oklahoma, among others), New York State is not yet ready to join that movement.  Late last month, New York Governor Kathy Hochul vetoed Senate Bill S3100A, which was passed in June 2023 by the NYS Assembly and the Senate and would have prohibited all non-compete agreements.  In vetoing the bill, Governor Hochul expressed concern about the impact that the legislation would have on the interest of the many businesses operating in the state to protect the competitive advantage that key employees bring.

Continue Reading New York Governor Vetoes Bill Banning Non-Compete Agreements

With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024.  This past year brought several new laws with it that require employers’ attention, including new leave laws, new protected classes, new workplace safety laws, further non-compete prohibitions, minimum wage changes, and several more.  We “unwrap” and summarize those “presents” below.

Continue Reading Ringing in the New California Laws

As of November 26, 2023, the New York City Human Rights Law makes discrimination on the basis of an individual’s height or weight unlawful.  Accordingly, an employer may not discharge or refuse to hire an individual, or provide an individual with less advantageous terms, conditions, or benefits of employment on the basis of actual or perceived height or weight. 

Continue Reading New York City Bans Employers from Creating Height and Weight Requirements

On November 17, 2023, Governor Kathy Hochul signed SB 4516, an amendment to N.Y. General Obligations Law §5-336 that prohibits liquidated damages clauses in nondisclosure provisions of settlement agreements involving discrimination, harassment or retaliation claims, and adds additional protections for individuals alleging such claims.  The amendment applies to agreements signed on or after November 17, 2023.

Continue Reading New Law in New York State Impacts Settlement Agreements