California Federal Court Rejects Tesla’s Request for TRO Alleging Trade Secret Theft
By Kirsten McCaw Grossman As competition for labor heats up, we have seen an uptick in the number of restrictive covenant enforcement actions, as well as interest by employers in pursuing suspected theft of confidential and proprietary information by employees that leave to join new employers. However, the legal requirements to obtain temporary injunctive relief […]
ATTENTION EMPLOYERS: THE DOJ AND EEOC PROVIDE NEW GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE IN EMPLOYMENT DECISION MAKING
By Samantha Egge, Legal Intern and Rachel H. Khedouri, Esq In May, both the Department of Justice (“DOJ”) and the Equal Employment Opportunity Commission (“EEOC”) released new guidance concerning employers’ use of artificial intelligence (AI) – that is, the use of computer software or applications to complete a task commonly done by humans. Both agencies […]
NFC RESPECTFULLY DISSENTS
As a 100% women-owned firm and champion of DEI in the workplace and beyond, we are saddened by the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. Instead of narrowly deciding the issue presented, the Court opted to overturn Roe v. Wade, invalidating 50 years of precedent and eradicating the constitutional right to […]
ATTENTION EMPLOYERS: DEPARTMENT OF LABOR PUBLISHES UPDATED GUIDANCE ON JOB-PROTECTED LEAVES FOR MENTAL HEALTH
6.6.22 | By Rachel H. Khedouri , Esq. With a nod to the fact that May was National Mental Health Awareness month, the U.S. Department of Labor’s Wage and Hour Division issued two new publications on May 25, 2022, providing guidance for employers when workers seek leave for serious mental health conditions. Fact Sheet #280 […]
United States Supreme Court to Examine “Salary Basis” Test for FLSA Exemption
By Jesse S. Grasty, Esq. This month, the United States Supreme Court announced that it will address whether an employee who earned over $200,000 per year via a daily rate, as opposed to a weekly salary, is still eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). Under the FLSA, employees must be […]
ATTENTION CALIFORNIA EMPLOYERS: CAL/OSHA UPDATES ITS EMERGENCY STANDARDS ONE MORE TIME
By Rachel H. Khedouri , Esq. and Carol Shieh, Esq. For the third time since originally issuing its Emergency Temporary Standards (“ETS”) on November 30, 2020, the Standards Board of California’s Division of Occupational Safety and Health (“Cal/OSHA”) has announced the re-adoption of the ETS with substantive amendments. [See our June 21, 2021, and December […]
ATTENTION NEW YORK EMPLOYERS: NEW YORK CITY PAY TRANSPARENCY LAW TO BE DELAYED TO NOVEMBER 1, 2022
By Rachel H. Khedouri , Esq. Update: Intro. 134 amending the pay transparency law was signed by Mayor Adams on May 12, 2022. On April 28, 2022, the New York City Council approved an amendment delaying its new legislation requiring employers to publicly disclose salary ranges in job postings until November 1, 2022. {Click HERE for […]
BRINGING COVID-19 FROM THE WORKPLACE TO THE HOME: CALIFORNIA SUPREME COURT TO WEIGH IN ON EMPLOYER’S OBLIGATIONS, IF ANY, TO SAFEGUARD THEIR EMPLOYEES’ HOUSEHOLD
By Iman A. Wells, Esq. On April 21, 2022, the Ninth Circuit issued an opinion, Kuciemba v. Victory Woodworks, Inc., certifying two important questions for the California Supreme Court. Specifically, the Ninth Circuit has tasked the California Supreme Court to opine on: (1) whether California’s derivative injury doctrine bars a spouse’s claim against an employer, […]
DEADLINE FOR AFFIRMATIVE ACTION PROGRAM ONLINE CERTIFICATION… JUNE 30, 2022 ARE YOU READY?
By Kerrie R. Heslin, Esq. What is this? In an effort to ensure federal contractors and subcontractors are meeting their affirmative action obligations, the Office of Federal Contract Compliance Programs (OFCCP) is mandating that all supply and service contractors and subcontractors that are required to have Affirmative Action Programs (AAP) certify annually through an online […]
Line in the Sand: District Court Untangles Boundaries of Legal Advice, Attorneys’ Role in Employee’s Termination Decision
by Erica M. Clifford, Esq. The District Court of New Jersey recently weighed in on a thorny discovery dispute, deciding whether written communications exchanged with County Counsel and outside litigation counsel could be subject to discovery in a litigation despite the assertion of attorney/client privilege. In Graham v. Monmouth County Buildings and Grounds, Magistrate Judge […]