While the Golden State has most everything you’d ever want to enjoy, employers doing business in California know that a Private Attorneys General Act (PAGA) lawsuit is not one of those things.
In November 2024, Californians will vote on the “Employee Civil Action Law and PAGA Repeal Initiative,” which would replace the current PAGA statute
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of banning noncompete clauses. The FTC first proposed the Noncompete Clause Rule on Jan. 19, 2023, under sections 5 and 6(g) of the FTC Act. GT previously covered the FTC’s request for comments.
By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS Transp. L.A., LLC. That concept is the jumping-off point for anyone wishing to understand the procedural complexities of PAGA litigation. Under the guise of
The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.
We are proud to present Greenberg Traurig’s Trade Secrets 2023 Year in Review, a high-level overview of some of 2023’s most significant trade secret decisions in the United States.
2023 started with a bang, when the Federal Trade Commission proposed a rule banning noncompete agreements between employers and “workers” (broadly defined to include employees, independent
Overturning five decades of precedent, the National Labor Relations Board (NLRB or the Board) in Cemex Construction Materials Pacific (372 NLRB No. 130) adopted a new election standard on two key fronts: (1) how may an employer respond to a union’s claim of majority support; and (2) when are employers subject to a
On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most notably, the highly anticipated proposal seeks to raise the salary threshold under which employees are eligible for overtime pay under federal labor law to $1,059
In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook policies. The new rule applies retroactively.
On Feb. 24, 2023, in Wood v. Kaiser Found. Hosps., the California Court of Appeal for the Fourth District held that claims for paid sick leave in California may be brought under the Private Attorneys General Act (PAGA). Paid sick leave is available to California workers under the Healthy Workplaces, Healthy Families Act of
On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority, that “the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees” – specifically, websites