On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision.
Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.
On September 14, 2023, Maine Governor Janet Mills declared a state of emergency due to Hurricane Lee’s anticipated landfall on the Pine Tree state, triggering a costly hazard pay measure for nearly all employers in Portland.
A recent NLRB complaint has clarified that it is the NLRB General Counsel’s opinion that employee and customer non-solicitation agreements violate the NLRA.
On August 24, 2023, as part of its ongoing heat illness prevention rulemaking effort, the OSHA released various options for inclusion in a proposed rule to address heat injury and illness prevention in outdoor and indoor work settings.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of authorized employment.
Proposed legislation would create a new “Fast Food Council” with limited authority to recommend employment regulations, set $20/hr minimum wage for workers in this industry, and allow the IWC to remain de-funded.
In two recent decisions the NLRB overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an expired management rights clause.
Japan is one of the first non-Western countries to adopt a legal framework on business and human rights, which will likely influence other countries in the APAC region, as well as the overall Western focus of BHR developments.
The NLRB recently expanded the definition of what constitutes “protected concerted activity” under the NLRA to include employee advocacy on behalf of those who do not meet the Act’s specific definition of “employee.”
