On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra, No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from this case is that the court held a litigant’s waiver of the right to a jury trial can be conclusive if a party seeking reversal of the waiver cannot demonstrate it caused prejudice to the party. The decision makes it more difficult for a party to convince a court to let it back out of a jury trial waiver in a civil case.

Background

After a recent Second Circuit decision curbed an ideological organization's ability to bring a case against a DEI program without proving someone had actually been harmed, Cindy-Ann L. Thomas said other courts will take note of the standing rationale.

Law360 Employment Authority

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Andrea M. Kirshenbaum and Jennifer N. Capozzola dive into the U.S. DOL’s final rule (2024 IC Rule) for analyzing whether a worker should be classified as an employee or independent contractor under the FLSA and the lawsuits and challenges that remain in its path. 

The Legal Intelligencer

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In London District Catholic School Board v.

In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that reasonably and in good faith believed it was providing a complete and accurate wage statement has a viable defense to a claim for penalties under the California wage statement statute.

Background

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law, Admin. Code § 8-101, et seq. (NYCHRL).

Jeff Nowak says this case will test when workers can take federal job-protected leave prior to a baby’s arrival and won’t drastically change life as we know it because employers are overwhelmingly supportive of their employees’ FMLA rights.

Bloomberg Law

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On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”).  Since then, litigants in New Jersey have struggled with the effect those amendments have had on their lawsuits.  One of the main points of confusion centered around whether the 2019 amendments applied retroactively to violations prior to August 6, 2019, or whether the changes applied prospectively only.  A significant conflict developed between federal and

Alexander MacDonald says overtime exemptions are about to get more expensive as the salary necessary to qualify for the FLSA’s “white collar” exemptions will rise in July and again in January 2025.

The Federalist Society

What do you get when you combine a business-backed ballot initiative, the state legislature and governor’s office, and labor organizations? A deal. California style.

In Ruiz Mattei v. Commercial Equipment Finance, Inc.,¹ the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act² and the Workplace Discrimination Act³ are transferable to the employee’s heirs following the employee’s death.

Marlene Muraco, Angela Rafoth and Emily Mertes discuss reforms to California's Private Attorneys General Act that address challenges and ambiguities faced by both courts and employers in the 20-year-old law.

Westlaw Today

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Robert W. Pritchard comments on the dismissal of a longstanding dispute between Uber and its former drivers.

The Legal Intelligencer

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Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.

Longer Statute of Limitations Period

Judy Iriye, Kate Pitzak and Chase Parongao discuss Hawaii’s Captive Audience Prohibition Act (SB 2715), which restricts employers from requiring employees to attend employer-sponsored meetings.

SHRM

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On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy.

Philadelphia has imposed significant new recall and retention obligations on hotel, airport hospitality, and event center businesses as they struggle to recover in this uncertain COVID-19 economy.  The new obligations are contained in a legislative package, styled as the Black Workers Matter Economic Recovery Package, which became law in Januar

The Philadelphia Protection of Displaced Contract Workers Ordinance offers job protections to workers providing security, janitorial, building maintenance, food and beverage, hotel service, or health care services who are employed by service contractors, and are displaced when the service contract is terminated and awarded to another service contractor.¹  A recent amendment to the Ordinance significantly expands its scope to impose obligations on a business that decides to no longer utilize its

Updated June 8, 2021

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy. The ARPA COBRA subsidy requires employers to cover 100% of an employee’s cost of continuing group health coverage under COBRA from April 1, 2021 through September 30, 2021 for those who lost their health care coverage on account of a reduction of hours or an involuntary termination.

The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic.  These laws typically require that employees who were laid off due to the pandemic be given priority to be offered their former jobs before external candidates are considered.  Nevada’s law, the Nevada Hospitality and Travel Workers Right to Return Act (“the Act”), does not apply to all businesses, but generally to such businesses that were most a

Over the past few years, cities have started to implement workplace regulation, an area previously reserved to federal and state governments.  The hotel industry, which often is one of the primary drivers of a local economy, has been a particular focus.

Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and industries were able to pivot and weather the devastating effects of COVID-19. Others scaled back operations or closed permanently due to changes in demand, supply chain issues, or hiring shortfalls.  As businesses start to reopen, employers are facing new challenges.

California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State.  Littler’s Workplace Policy Institute has been tracking these bills as they worked their way through the legislature and been signed into law by Governor Newsom.  The new California laws are summarized briefly below.  Also, please join us at our annual webinar on October 19, 2022, in wh

In 2019, California adopted several laws that restricted “non-disclosure" provisions in employment-related agreements.  Those laws, passed in the wake of the “me too” movement, limited non-disclosure provisions in settlement agreements for lawsuits and administrative agency charges involving allegations of sexual harassment.¹  They also limited the use of non-disclosure provisions in exchange for a raise or a bonus, or as a co

Isha Malhotra, Trent Sutton and Nancy Zhang offer guidelines for in-house counsel when advising a business on a restructure in APAC.

ACC Docket

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On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels. The New Jersey Senate and General Assembly passed this bill by an overwhelming majority on the final day of the previous legislative session.

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate reorganization. In Segarra Rivera vs. International Shipping Agency, 2022 T.S.P.R. 33, 208 D.P.R. ____ (Mar.

Deemed IDEL No Longer Available

A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which radically expanded employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act—otherwise known as NJ WARN.

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists.

As previously reported, under these amendments:

Survey of more than 450 employers reveals critical insights on layoffs, hiring practices and more

(March 8, 2023) – Littler, the world’s largest employment and labor law practice representing management, has released the results of its latest Employer Pulse Survey Report: 2023 Economic Outlook, based on responses from more than 450 in-house lawyers, C-suite executives and human resources professionals across the United States.

In Pham v.

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping.

Employer Coverage

Under the amended regulations, the definition of a covered employer is expanded to count not just employees at a single site of employment in the state, but also employees who work remotely but are “based at the employment site.”

New Notice Content Requirements

Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.

Amber Spataro and David Ostern examine New Jersey’s new Assembly Bill 4682, which establishes various employment protections for specific "service employees" during changes of ownership.

SHRM Online

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For In-house Counsel or HR professionals in Asia, what are some key issues to be aware of when implementing a business restructure?

There are some key areas you will want to focus on when restructuring a business operation in the APAC region.

Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists).

New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work. These regulations arose in response to research that found that mothers returning from maternity leave still faced discrimination in the workplace after returning from leave.

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month.

Dear Littler,

 We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain talent who preferred remote work. We also shifted our focus almost exclusively to digital services that did not require an in-person presence since our clients were also remote. We kept most of our physical offices intact but downsized some square footage to reduce our overhead.

Javier Thibault weighs in on the Spanish parliament’s recent labor reform agreement and its effects on the recovery and the labor market. 

Confilegal

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As many states are raising the minimum wage for state employees, Shannon Meade explains that minimum wage increases will differ based on where the employees are located.

Law360 Employment Authority

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