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Insight
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April 1, 2024

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision. The Court responded to the request from the Ninth Circuit to answer three questions about Wage Order No. 16 and clarify the scope of the term “hours worked.”

ASAP
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March 20, 2024

Sixth Circuit Delivers Uncertainty on Calculating Impact of Driver Costs

When nonexempt employees use their personal vehicles to provide delivery services, how much must their employer reimburse them to ensure that the employees are paid at least the minimum wage required by the Fair Labor Standards Act (FLSA)?

ASAP
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March 19, 2024

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana.

Insight
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March 13, 2024

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law

Employers with jobs located in the unincorporated areas of the County of Los Angeles will soon need to navigate another layer of burdensome regulations based on the County’s new fair chance hiring ordinance.

Insight
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February 29, 2024

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.

ASAP
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February 29, 2024

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct.

Insight
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February 14, 2024

Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers.

Insight
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February 13, 2024

SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in order to obtain the protections of the Sarbanes-Oxley Act.

ASAP
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February 6, 2024

Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement.

ASAP
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January 30, 2024

What Issues Do Super Bowl Squares Present in the Workplace?

Now that the February 11, 2024, Super Bowl matchup between the Kansas City Chiefs and San Francisco 49ers is set, many American workplaces will turn to the ubiquitous office pool to generate excitement and build camaraderie over the next two weeks.

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