by Paige Good and Harrison Kosmider, McAfee & Taft
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A case that made it up to the California Supreme Court is back again. Last time around, the supreme court decided meal and rest break penalties were wages. Now the issue is whether the failure to timely pay or report the...
Employers are becoming very sophisticated in drafting arbitration agreements that comply with procedural and substantive unconscionability standards. In a recent decision, however, even a valid arbitration agreement...
A federal appeals court recently upheld dismissal of an employee’s claim that his employer interfered with his right to take FMLA leave. The court found that the worker wasn’t entitled to an indefinite, medically...
As an employer, one of your worst fears may be that a disgruntled or entrepreneurial former employee may try to share your internal operations, documents, or trade secrets. What you can do to protect your business in...
Just when it seems consumers have caught on to one particular online scam or phishing expedition—think of the ubiquitous Nigerian prince email scam that first began making the rounds in the 1990s—a new one comes along...
Do you beat on the walls of the status quo, urgent for change? Do you cry out to tear down the barriers to your vision of the future? Can you not wait until the hidebound and the conventional are replaced? Your time may...
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) issued its most recent corporate scheduling announcement list (CSAL), which included 500 federal contractors and subcontractors. The agency...
On January 31, 2023, the Equal Employment Opportunity Commission (EEOC) held hearing on “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier.” A more detailed article on the...
With his resignation as Secretary of Labor, Marty Walsh has set off a tense battle within the Democratic Party, pitting powerful forces against each other. Meanwhile, the agency faces resistance to its regulatory agenda...
The failure of corporations to provide oversight on sexual harassment and other misconduct by senior management is now becoming the focus of corporate governance entities such as the Securities and Exchange Commission...
On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a hearing on the use of artificial intelligence (AI) in employment, entitled “Navigating Employment Discrimination in AI and Automated...
The National Labor Relations Board’s (NLRB) continuing efforts to remake American labor law is taking its toll on management and union, alike. With fundamental precedents being overruled and new rules and advice being...
Addressing a divided Congress for the first time, President Joe Biden painted an optimistic picture of this politically riven country. Presenting a smiling and energetic demeanor, he sought to dispel the widespread...
At the very end of 2022, Congress passed the Securing a Strong Retirement Act of 2022 (Secure 2.0) as part of the omnibus spending bill. The provisions have a broad effect on a range of retirement and other benefit...
On January 5, the Federal Trade Commission (FTC) proposed a new rule that would ban noncompete clauses in the employment context and void those currently in effect. Noncompete agreements restrict an employee’s ability to...
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