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  • Article

    2025 Virginia Labor & Employment Year End Review

    In November 2025, Virginia elected the state's first female Governor, Democrat Abigail Spanberger. Both Chambers of the General Assembly now have a Democratic majority.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    A Primer On Employee Expense Reimbursements In California

    In California, employers must reimburse their employees "for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, ...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
Article

An ADEA Victory For Employers Sued Under A Disparate Impact Theory In The Seventh Circuit

On January 23, 2019, the United States Court of Appeals for the Seventh Circuit, in an 8-4 decision, dealt a blow to older job applicants in a case brought pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., under a theory of disparate impact liability.
United StatesEmployment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
  • Article

    California Court Finds Employer Violated Labor Code By Using Unregistered Acronym For Fictitious Business Name On Wage Statements

    The Third Appellate District agreed with Noori.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    California Supreme Court: Employers Must Pay For Time Spent During Bag Searches

    California employers, particularly those in the retail industry, routinely implement security screenings of employees exiting the premises to limit the risk of employee theft.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Can Marijuana Intoxication Be A Viable Bar To Compensability?

    With the increasing number of states legalizing marijuana, it's clear that it will have an effect on the workplace injury compensability.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Colorado Joins The Growing Number Of States That ‘Ban The Box'

    On April 12, 2019, Colorado's House Bill 1025 – known as the "Ban the Box" law – cleared the state legislature and moved to the governor's desk for final signature.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Colorado Supreme Court Rules Judge-Made Economic Loss Rule Does Not Bar Recovery For Concurrent Civil Theft, Breach Of Contract Claims

    Colorado Supreme Court recently issued an important ruling to address whether litigants may pursue a civil theft claim (including theft or unauthorized use of trade secrets) where such acts also constitute a breach of contract.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    DOL Gives Restaurant Employers A Huge Tip In Recent Opinion Letters

    Restaurants and other hospitality industries received some good news on Thursday, November 8, 2018.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    EEOC Warns Software Algorithms, Artificial Intelligence May Give Rise To Title Vii Exposure

    Employers and human resource (HR) professionals increasingly are turning to algorithmic decision-making tools to assist in making employment decisions such as recruitment...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Five Tips For Using Independent Contractors In California

    In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, (2018) 4 Cal.5th 903, the California Supreme Court adopted the ABC Test for determining whether certain workers should...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Florida Supreme Court Holds That Private Whistleblowers Must Allege And Prove An Actual Violation Of Law By Their Employers

    The Florida Supreme Court has resolved a decade-long split among appellate courts regarding the burden of proof for private whistleblower claims, establishing that employees must demonstrate an actual violation of law rather than merely a good faith belief in wrongdoing. This landmark decision clarifies the distinction between protections afforded to public versus private sector whistleblowers and provides uniform guidance for employers defending against retaliation claims.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Governor Brown Signs Bill Affording California Employers With Limited Relief From PAGA Penalties For Certain Hyper-Technical Wage Statement Violations

    Failing to comply with Labor Code section 226, even small hyper-technical violations, can result in significant monetary penalties under both Labor Code section 226 and the Private Attorneys General Act ("PAGA").
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Implementation Of Florida's STOP WOKE Act Permanently Blocked

    In late July 2024, a federal judge permanently blocked implementation of the portion of the controversial Stop WOKE Act that would have restricted the types of training employers could mandate for their employees.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    In Colorado, Employers May Assert Concurrent Claims For Civil Theft & Breach Of Contract Against Employees

    The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Increased Salary Thresholds For FLSA Exempt Status Expands Overtime Eligibility

    "Why am I not receiving additional compensation for working overtime?" 1.3 million Americans will no longer be asking themselves this question after the Wage and Hour Division of the Department of Labor submitted a Final Rule ...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New York City Adopts Pay Reporting Requirements For Large Employers

    The New York City Council has overridden Mayor Eric Adams' veto of two pay reporting bills. Large employers operating in New York City will soon be required to adhere to onerous new pay reporting requirements.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New York City Bans Private Sector Employers From Seeking Salary History Information From Job Applicants

    New York City has now joined the city of Philadelphia, the state of Massachusetts, and the commonwealth of Puerto Rico in prohibiting private sector employers from inquiring into the salary history...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Ninth Circuit Holds Mortgage Underwriters Not Exempt Under The Administrative Exemption

    On July 5, 2017, the Ninth Circuit, on appeal from the Eastern District of California, issued a ruling reversing the district court's grant of summary judgment in favor of a defendant Bank...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Ninth Circuit Holds Prior Salary Alone Or In Combination With Other Factors Cannot Justify Gender Pay Gaps Under The Equal Pay Act

    Notably, the school district offered its employees a 5% increase from their most recent prior salary as starting salaries.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Showing 761–780 of 2519 results

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