by Tammy Binford
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Although we have written before about California’s SLAPP and anti-SLAPP statutes and lawsuits, the factual permutations in the field seem almost endless. We now learn that evolution of the legal doctrines appears to be...
How long does a valid arbitration agreement last? Will it govern an employee after a four-month break in employment? The California Court of Appeal again teaches us the importance of complete documentation. Poor...
The U.S. 9th Circuit Court of Appeals (whose rulings cover all California employers) had to deal with three novel and complex wage and hour questions and asked the California Supreme Court to provide the answers. Must...
President Biden issues proposed FY2025 budget by the editors of FELI Although Congress has yet to finish approving government funding for fiscal year (FY) 2024, including for the Department of Labor (DOL) and the Nation...
After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered...
Just as the National Labor Relations Board’s (NLRB) new joint employer regulation was set to become effective, it was struck down by Judge J. Campbell Barker of the Eastern District of Texas. The flux and instability in...
The Department of Labor’s (DOL) overtime rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees—proposed last Fall, is nearing the final stages of...
Although the U.S. 9th Circuit Court of Appeals panel seemed skeptical of the Department of Labor’s (DOL) position in oral argument that the federal contractor minimum wage would promote economy and efficiency as required...
On February 27, the Senate HELP Committee voted 11 to 10 to move Acting Secretary of Labor Julie Su’s nomination to be Secretary of Labor to the floor of the Senate for confirmation. Sen. Bernie Sanders (I.-VT) held the...
On March 11, 2024, the Equal Employment Opportunity Commission (EEOC) issued its annual performance report on fiscal year (FY) 2023. The report showed the agency recovered $665M in FY2023, more than $150M more than the...
Almost all of our ancestors, from all around the world, had a common dismissal of the boisterous promise followed by a pitiful result: “The mountain labored and gave birth to a mouse!” Or perhaps we should quote...
The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety...
On February 16, 2024, the New Jersey Appellate Division dismissed without a trial a former tenured professor’s complaint against a university that was filed because he disagreed with the findings of his discharge hearing...
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023...
I like to tell you about areas of deep interest to the Equal Employment Opportunity Commission (EEOC), regardless of where the case pops up. Here’s an update from New York that still has much to teach Texas employers...
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