ATTENTION CALIFORNIA EMPLOYERS: NINTH CIRCUIT SAYS PERSONAL SOCIAL MEDIA POSTS CAN CONSTITUTE WORKPLACE HARASSMENT
On July 25, 2024, in Okonowsky v. Garland, the U.S. Court of Appeals for the Ninth Circuit held that harassing conduct that occurs outside the workplace – including conduct perpetrated through personal, off-duty social media posts – can constitute actionable workplace harassment for which employers may be held liable. Facts Plaintiff Lindsay Okonowsky worked as […]
ATTENTION CALIFORNIA EMPLOYERS: TRICK? OR TREAT? GET READY FOR THE TOP 10 NEW LAWS CREEPING INTO YOUR WORKPLACE
It’s that spooky time of year again for California employers – Governor Newsom has spoken but, fear not, we have narrowed it down. Whether you’re an employer who eagerly awaits the annual list or one who dreads its return, all employers should be aware of these significant new employment laws heading to the Golden State. To prepare […]
ATTENTION CALIFORNIA EMPLOYERS: NEW LAW SIGNIFICANTLY EXPANDS PROTECTIONS FOR VICTIMS OF VIOLENCE (AND OBLIGATIONS FOR EMPLOYERS)
On September 29, Governor Newsom signed into law AB2499, enacting a sweeping set of changes to California’s “jury, court, and victim time off” law, with the most significant amendments expanding the scope of protection under the “victim time off” provisions. AB2499 reframes existing workplace protections for victims of violence by redefining eligibility for protection and broadening […]
ATTENTION CALIFORNIA EMPLOYERS: COWORKER’S ONE-TIME USE OF A RACIAL SLUR MAY CONSTITUTE ACTIONABLE HARASSMENT…
. . . and employers may be held liable. On July 29, 2024, in Bailey v. San Francisco District Attorney’s Office (2024) 16 Cal.5th 611,the California Supreme Court held that an isolated act of harassment may be actionable under the California Fair Employment and Housing Act (“FEHA”), if it is sufficiently severe in light of the totality […]
ATTENTION NEW JERSEY EMPLOYERS: FALL INTO FASHION WITH NEW JERSEY’S GENDER-NEUTRAL DRESS CODE POLICY MANDATE
This Fall, the most significant fashion update comes not from the runways of New York Fashion Week, but courtesy of New Jersey’s Office of the Attorney General (“OAG”). Recently, New Jersey Attorney General Matthew J. Platkin, along with Division of Civil Rights (“DCR”) Director Sundeep Iyer, announced that the State will not tolerate gender-specific dress codes […]
Good News for California Employers: PAGA Reform Has Arrived.
On July 1, 2024, Governor Gavin Newsom signed Private Attorneys General Act (“PAGA”) reform bills AB2288 and SB92 into law, enacting the most significant reform of the law in its 20-year history. The purpose of the new law, which applies to all PAGA actions filed on June 19, 2024 or later, is to provide relief […]
ATTENTION EMPLOYERS: FIFTH CIRCUIT AFFIRMS DOL’S AUTHORITY TO SET SALARY THRESHOLDS FOR WHITE-COLLAR EXEMPTIONS
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit joined four other circuit courts upholding the U.S. Department of Labor’s (“DOL”) authority to set minimum salary thresholds for workers to qualify for the executive, administrative, and professional (“EAP”) exemptions from minimum wage and overtime rules under the Fair Labor Standards Act […]
ATTENTION NEW YORK EMPLOYERS: THE COUNTDOWN BEGINS FOR COMPLIANCE WITH THE RETAIL WORKER SAFETY ACT
UPDATES: The New York State Department of Labor released its Retail Worker Safety website, which includes a model policy, model training, and FAQs. On February 14, 2025, Governor Hochul signed an amendment to modify several provisions of the RWSA. Among the changes, the amendments: On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail […]
NEW JERSEY APPELLATE DIVISION SAYS EMPLOYERS MAY BE REQUIRED TO REIMBURSE EMPLOYEES FOR CERTAIN BUSINESS EXPENSES
Are New Jersey employers legally required to reimburse employees for work-related expenses? While prior New Jersey federal court decisions have been inconsistent on the matter, a New Jersey state court recently weighed in and its decision does not bode well for New Jersey employers. On April 5, 2024, the Superior Court of New Jersey, Appellate […]
ATTENTION CALIFORNIA EMPLOYERS: STOP THE PRESSES! FTC’S NON-COMPETE BAN HALTED WITH NATIONWIDE EFFECT
On October 18, 2024, the FTC filed notice of appeal to the Court of Appeals for the Fifth Circuit challenging Judge Brown’s order blocking the Final Rule banning most workplace non-competition agreements. Enforcement of the Final Rule remains on hold at this time. As we previously explained HERE, on July 3, 2024, a Texas federal court […]