ASAP
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September 19, 2023

Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

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.

ASAP
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September 15, 2023

New Jersey Adopts Changes Affecting Service Employees During Changes in Ownership

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.

ASAP
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September 15, 2023

Nearly Every Employee in Portland, Maine Entitled to Hazard Pay Due to Hurricane Lee Emergency Declaration

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.

ASAP
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September 15, 2023

NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes

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.

Insight
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September 14, 2023

OSHA Announces Options for National Heat Stress Rule

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.

ASAP
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September 13, 2023

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

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.

Insight
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September 12, 2023

New California Fast Food Worker Law Would Raise the Minimum Wage, Establish a “Fast Food Council,” and No Longer Fund the Industrial Welfare Commission

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.

ASAP
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September 12, 2023

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

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.

Insight
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September 11, 2023

Employers Rapidly Implement Japan’s Guidelines on Business & Human Rights

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.

ASAP
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September 8, 2023

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

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.”

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