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June 6, 2023
Last Tuesday, May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the “Memorandum”) on non-compete agreements. According to Abruzzo, non-compete agreements, in general, violate the National Labor Relations Act (“NLRA”). In addition, Abruzzo sets forth her view that the proffer, maintenance, and enforcement of employee non-compete agreements are unlawful under the NLRA.
May 30, 2023
On Thursday, May 18, 2023, the National Labor Relations Board (“NLRB”) issued a complaint against the University of Southern California (“USC”), the Pac-12 Conference, and the National Collegiate Athletic Association (“NCAA”), alleging that the three employers have continued misclassifying college athletes in men’s and women’s basketball and football as “student-athletes” rather than employees who are entitled to protections under the National Labor Relations Act (“NLRA”). If the action is successful, it would reclassify the athletes as employees and allow them to consider forming a union.
May 24, 2023
Continuing on with our 3in3 series, in this video we will discuss what you should know when it comes to termination, tips on selling a business, and how to properly implement new policies for your business.
May 23, 2023
Last Wednesday, May 17, 2023, the US Department of Labor (“DOL”) Wage and Hour Division issued Field Assistance Bulletin No. 2023-2 (the “Bulletin”) to provide guidance on the enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”). The PUMP Act was passed on December 29, 2022, by the US Congress. The new law seeks to expand rights for lactating and breastfeeding employees by requiring employers to provide all employees who are nursing with reasonable time and private space to express breast milk.
May 18, 2023
The misclassification of employees as exempt is a growing problem in many industries. This practice occurs when employers classify employees as exempt from overtime pay and other labor protections, despite the fact that they do not meet the criteria for exempt status under the law. This can lead to serious legal ramifications for employers who engage in this practice, including costly fines, lawsuits, and damage to their reputation.
May 16, 2023
Former St. John’s University men’s basketball coach, Mike Anderson, is suing the university for $45.6 million, alleging that the university fired him on false grounds. Specifically, he is suing for $11.4 million for the amount remaining on his deal before his termination and $34.2 million in punitive damages.
May 11, 2023
A critical component of commercial lease agreements is operating expenses, which are costs incurred by landlords to operate, manage, and maintain the property. Understanding how operating expenses are calculated and allocated is essential for both parties to ensure a fair and transparent leasing arrangement.
May 10, 2023
In this video, we'll discuss all the essential information you need to know about sick leave in California. We'll cover both state and federal laws, and provide guidance on how to ensure your business stays compliant. As an employer, it's crucial to understand your obligations when it comes to providing your employees with paid sick leave. Keeping up-to-date with these laws is vital to avoid any legal issues that may arise.
May 9, 2023
On Monday, May 5, in Borodaenko v. Twitter, Inc. (“Borodaenko”), a California federal judge mostly dismissed a putative class action alleging Twitter, Inc. of discriminating against employees with disabilities by requiring them to report to the office, put in long hours, and work at high intensity after the mass layoffs in November 2022. One plaintiff’s claims were dismissed, while the other plaintiff’s claims were sent to arbitration.
May 4, 2023
The Biden Administration has announced that it will be ending most federally mandated COVID-19 vaccination mandates on Thursday, May 11, 2023. Included in the Administration’s vaccine-mandate rollback is the Administration’s much-maligned mandate for federal contractors, which has been subject to challenges in federal court.