Newsletters

09.21.23

California Takes On Criminal Background Checks, Noncompetes

In California regulatory news, the Civil Rights Council, an arm of the Civil Rights Department, approved changes to how employers legally conduct criminal background checks, and Gov. Gavin Newsom signed into law a bill reaffirming and expanding the state’s ban on noncompete agreements.


09.21.23

EEOC Proposes PWFA Regulations

With the Pregnant Workers Fairness Act now in effect, the Equal Employment Opportunity Commission released a notice of proposed rulemaking to establish regulations for the law.


09.21.23

Employee’s ADA Suit Over Denial of Remote Work Ends at Seventh Circuit

Is remote work always a reasonable accommodation under the Americans with Disabilities Act (ADA)? According to the Seventh U.S. Circuit Court of Appeals in a case involving a hospital employee, the answer is no.


09.21.23

DOL Seeks to Raise Salary for FLSA’s White Collar Exemption

Following in the footsteps of the Department of Labor under the Obama Administration, the agency released a notice of proposed rulemaking that would raise the minimum salary to qualify for a white collar exemption under the Fair Labor Standards Act.


09.13.23

Eleventh Circuit Reverses Position on Standing, Single Text Sufficient

A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone Consumer Protection Act suit.


09.13.23

Seventh Circuit Rejects FCC Guidance in Fax Case

The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.


09.13.23

TCPA Defendant Sidesteps Suit With Improper Identification

The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.


08.25.23

California Employers Must Pay COVID Work-From-Home Expenses

California employers must reimburse workers for their COVID work-from-home expenses, a panel of the state’s Court of Appeal has ruled.


08.25.23

Employers Face Questions On Diversity Programs

In the wake of the U.S. Supreme Court’s June decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, where the justices struck down the use of affirmative action as part of the admissions process at institutions of higher education, employers are facing ...


08.25.23

California AG Keeping a Close Eye On Employers

California Attorney General Rob Bonta has been busy in recent weeks, launching an “investigative sweep” into employer compliance with the California Consumer Privacy Act (CCPA) and cautioning employers about the restrictions on employer-driven debt.