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Employment Law Commentary Blog

Articles: 1-10 of 20

Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds

USA - January 19 2024 The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority…

Collective redundancies in Europe

European Union, Germany, United Kingdom - January 8 2024 One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff…

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More

USA - December 18 2023 Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too…

The California Supreme Court Clarifies PAGA Standing

USA - July 26 2023 On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee…

No-Poach Case Alert: DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury

USA - May 11 2023 The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the…

Cruising Down a Post-Viking River: A Look at Litigation Trends in the Nine Months Since the U.S. Supreme Court’s Decision in Viking River

USA - April 11 2023 The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California…

Recent Non-Compete Trends: Courts Continue to Enforce Non-Competes While Politicians Seek to Narrow Them

USA - April 6 2023 The FTC’s Notice of Proposed Rulemaking of its Non-Compete Clause Rule, which would ban non-competes altogether if promulgated, opened 2023 with a…

Delaware Court Refuses to Enforce or Blue Pencil Sale of Business Non-compete

USA - December 7 2022 From the pending Freedom to Compete Act and potential upcoming initiatives at the Federal Trade Commission, to laws recently passed from Washington…

Department of Labor (“DOL”) Extends Comment Period Deadline for Proposed New Independent Contactor Test

USA - November 15 2022 Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to…

New Requirements for Employment Agreements in Europe

European Union, United Kingdom - October 6 2022 Following the enactment of the Directive on Transparent and Predictable Working Conditions (the “Directive”), EU Member States have had to implement…