Legal News

On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff company’s attempt to...By: Jackson Lewis P.C.

On September 5, 2019, the Washington Supreme Court confirmed that non-agricultural employers may use a workweek averaging methodology to satisfy the Washington Minimum Wage Act in Valerie Sampson et al v. Knight Transportation Inc. et al. In other...By: Jackson Lewis P.C.

The California worker classification bill, Assembly Bill 5 (AB 5), advanced closer to passage just prior to the Labor Day weekend. Please recall, AB 5, which is Assembly member Lorena Gonzalez’s proposed legislation regarding worker classification,...By: Jackson Lewis P.C.

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may prohibit the off-duty employees of its on-site contractors (or licensees) from accessing its private property to engage in Section 7 activity under the National...By: Jackson Lewis P.C.

When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that must be included in the...By: Jackson Lewis P.C.

2019 has brought a flurry of new leave and accommodation laws. In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed. The states (and US territory) that passed new laws, expanded or otherwise amended existing leave...By: Jackson Lewis P.C.

Healthcare facilities in California have been required to adhere to mandatory nurse-to-patient ratios since 2004. These ratios vary depending upon the degree of patient care involved. More recently, Massachusetts passed a law requiring mandatory...By: Jackson Lewis P.C.

On August 30, 2019, Governor Gavin Newsom signed Senate Bill (SB) 778, which amends Section 12950.1 of the California Government Code. SB 778 extends California employers’ obligation from January 1, 2020 to January 1, 2021, to comply with sexual...By: Jackson Lewis P.C.

It does not violate the National Labor Relations Act (NLRA) if an employer mistakenly misclassifies its employees as independent contractors, the National Labor Relations Board (NLRB) has decided. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019)....By: Jackson Lewis P.C.

Paying an employee a day rate of $1,000 per day satisfies the salary basis test for purposes of the overtime exemption applicable to a “highly compensated employee” (HCE) under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the...By: Jackson Lewis P.C.