California has long been recognized for its stringent stance on noncompete agreements within the employment sector, and recent legislative changes have only heightened this position. On January 1, 2024, California introduced a new statute rendering noncompetes unlawful regardless of where and when the contract was signed. This sweeping reform has triggered confusion among employers nationwide and fueled a surge in
In a landmark decision in November 2024, the National Labor Relations Board (NLRB) overturned a 76-year precedent, ruling that “captive-audience” meetings are inherently unlawful under the National Labor Relations Act (NLRA). Captive-audience meetings refer to mandatory sessions held during paid working hours where employers communicate their views on unionization to their employees. Historically, these meetings have been permissible under a
The recent judgment by the U.S. District Court for the Eastern District of Texas has invalidated the U.S. Department of Labor’s (DOL) new rule mandating significant salary increases for exempt employees under the Fair Labor Standards Act (FLSA). Delivered on November 15, 2024, this ruling holds substantial implications for employers nationwide. The decision maintains the salary threshold at $35,568 per
California businesses must prepare to navigate significant updates in state employment laws, which will shape how employers manage their workforce, ensuring compliance and minimizing legal risks. A pivotal change is the clarification on the classification of workers—employers cannot misclassify employees as independent contractors as the ABC test now firmly places the presumption that most workers are employees unless they meet
There is complex issue of political affiliation bias in the hiring process. It addresses the legal and ethical implications of considering a candidate’s political beliefs during recruitment and emphasizes the potential risks associated with such practices. In an increasingly polarized political climate, the choices made during hiring can carry significant repercussions for both employers and employees, paving the way for
The holiday season is a time of joy and celebration, but for HR departments, it can also be a period fraught with compliance challenges and potential pitfalls. Ensuring that company policies are upheld while fostering a positive work environment is crucial. This article delves into four primary areas of concern for HR professionals during the holiday season: gift-giving, holiday payments,
In today’s rapidly evolving work environment, understanding employee rights is crucial for both workers and employers. Employment laws are crafted to foster a fair relationship between the two parties, covering a range of issues from hiring processes to workplace safety standards. These laws not only offer protections but also impose responsibilities on employers to ensure that the work environment is
The recent webinar on global compensation, employment, pensions, and governance brought together a panel of employment and compensation lawyers from various jurisdictions who discussed future shifts in employment law following the recent U.S., U.K., and EU elections. Moderated by Inge Vanderreken, the discussion featured insightful contributions from John Cannon, Arnold Keizer, and Gordon Bartlett. The main focus of the event
The recent decision by the Fair Work Commission (FWC) in Australia has brought significant attention to an unfair dismissal case involving an environmental technician. Employed from February 28, 2020, until his abrupt dismissal on May 8, 2024, the technician claimed that his termination was unjust. This case has become a crucial analysis of disciplinary procedures, employer obligations, and the principle
In the complex world of employment relationships, determining whether a worker is an employee or an independent contractor often falls into a murky gray area. Such ambiguity came into sharp focus in a recent Hong Kong case involving a truck driver who suffered an injury while on duty. The core issue was the nature of his employment status, which was
The Fair Work Commission (FWC) recently addressed a pivotal case involving a senior cybersecurity specialist dismissed from a chemicals, energy, and fertilizers company. The employee challenged his termination on the grounds of unfair dismissal, asserting his earnings fell below the high-income threshold required to file such claims. Central to the dispute was whether his technical support allowance, received outside of
The case involving a former Hardee’s restaurant store manager in Nebraska has drawn significant attention after the 8th U.S. Circuit Court of Appeals decided to revive her claims of wrongful termination. After experiencing a severe diabetic episode, resulting in her inability to comply with her employer’s call-in policy, she alleges her termination was a violation of her rights under the
