The Bloomberg Editorial Board recently published an article entitled “Too Many Workers Are Trapped By Non-Competes” arguing that the practice of requiring relatively low-wage and/or unskilled workers to sign non-compete agreements is a drag on the economy and is contributing to wage stagnation. The article contends that restricting unspecialized workers’
Employment Laws
The Shifting Sands of the Joint Employer Test
By Evan Gibbs on
Posted in Employment Laws, Labor
The National Labor Relations Board is signaling yet another change to the joint employer test in its recent issuance of a new proposed rule. The Board has waffled back and forth on this important issue recently, creating a lot of uncertainty for employers. Here’s an explanation of what has been…
Signs Signs, Everywhere a Sign: States Require Updated Employment Law Postings
Employers are well aware of the requirement to post various notices from the EEOC, DOL, and other acronym-bearing state and federal agencies. Unfortunately, many employers have a “post it and forget it” mentality and fail to regularly update those posters and required notices.
These agencies, however, are often issuing updated…
California Supreme Court Kicks Off Game of “Capture The Time” and Employers Scramble to Keep Up
Posted in Employment Laws
A recent ruling by the California Supreme Court could have lasting consequences for timekeeping practices and the payment of wages for hourly employees. In the case of Troester v. Starbucks Corp., the court ruled on July 26, 2018 that Starbucks had to pay the plaintiff for time spent on…
Trends and Takeaways from the Annual Immigration Law Conference
By Yane McKenzie on
Posted in Employment Laws, Immigration
Last week, I attended the annual American Immigration Lawyers Association Conference in San Francisco with 3,500+ others from all over the country (and some from outside the U.S.). The consensus from the conference reiterated that the immigration landscape is shifting rapidly, and employers must adapt to those significant changes. Here…
SCOTUS Permits Employee Arbitration Clauses That Forbid Class Actions
By Matt Anderson on
Posted in Employment Laws
On May 21, 2018, a divided U.S. Supreme Court held that employers can force employees into individual arbitration and avoid class action lawsuits involving those same employees.
By way of background, in 1925, Congress passed the Federal Arbitration Act (“FAA”), which validated arbitration clauses. In 1935, Congress passed the National…
Recent Developments in Pay Equity: Real Reactions, Not Just Headlines
By Emily Schifter on
Posted in Employment Laws, Human Resources and Workplaces
Pay equity is a hot topic – and not just in employment and HR circles. Both inside and outside of the courts, the issue has gained national attention and is spurring legislators in states across the country to act. Recent developments are a timely reminder to all employers to start…
Join Us for a Complimentary Webinar: “A Holistic Review of the Law & Employment Background Screening”
Posted in Employment Laws
On Wednesday, May 23, from 3 – 4 pm ET, Troutman Sanders attorneys, Alan Wingfield, Wendy Sugg, and Meagan Mihalko will present a webinar discussing employment-purpose background screening laws. The federal Fair Credit Reporting Act imposes technical paperwork requirements on employers desiring to obtain background screenings, and many millions of…
California Supreme Court Adopts Dramatically Worker-Friendly Classification Test
Posted in Employment Laws
In a unanimous decision, the California Supreme Court embraced a standard that presumes workers in California are employees instead of independent contractors. The April 30, 2018 decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County moves away from a more flexible classification test that had…
The Latest and Greatest Developments in Immigration Law
By Yane McKenzie on
Posted in Employment Laws, Immigration
About one year ago, President Trump signed the “Buy American Hire American” (BAHA) Executive Order to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.” Under the auspices of BAHA, the U.S. immigration landscape has seen many changes in rules, policies,…