by John T. Below and Cameron D. Ritsema, Bodman PLC
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As the Supreme Court ends its current term, it doesn’t appear to recognize that it is in crisis. Once regarded by the public and other jurists as rigorous, respected, and above reproach, the Court has sunk to...
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its “Enforcement Guidance on Harassment in the Workplace,” which is meant to update, consolidate, and replace the previous guidance...
One of the benefits of workers’ compensation is that it shields an employer from much more expensive types of injury claims. The injured worker trades the chance for a huge recovery in favor of an easier, more rapid...
The Private Attorneys General Act (PAGA) is kind of like Godzilla. It arose as an artificial nuclearization of our labor code and then kept growing to obtain powers that weren’t fully imagined or understood at the start...
California’s jurisdiction law is called a “longer arm statute” because it confers to its court’s jurisdiction as broadly as the California and United States Supreme Courts will allow. As taught in this case, that...
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a final rule making significant changes to the Fair Labor Standards Act (FLSA) regulations regarding the minimum salary threshold for white...
The employer and employee signed an arbitration agreement and agreed thereafter that their dispute should be resolved in arbitration. As we have seen so many times before, the employer was a few weeks late paying the...
We have been reminding you for the past eight months of the new California Labor Code sections 6401.7 and 6401.9 creating a July 1, 2024, deadline to have your workplace violence prevention program in place. This...
Fruit farm Ayoquezco Farms, Inc., and its owner, Juan Rafael Cruz, agreed to pay $100,000 to settle a sex harassment and discrimination lawsuit filed by the California Civil Rights Department (CRD) and former employee...
On April 23, 2024, the Federal Trade Commission (FTC) voted, 3 to 2, to ban nearly all noncompete agreements. The ban is scheduled to become effective on September 4, 2024. Whether the rule will become effective remains...
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees...
Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful...
During the Biden administration, an ambitious and aggressive National Labor Relations Board (NLRB) has issued several precedent-breaking rulings addressing issues as broad as protected speech and union representation to...
In early May, employers had a chance to hear from the Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge and Equal Employment Opportunity Commission (EEOC) Vice Chair Jocelyn Samuels at...
On April 30, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced the release of a new artificial intelligence (AI) landing page. Following the link, the OFCCP provides 10 FAQs following by...
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