Wage & Hour

Expert Analysis

• How Justices' Upcoming PAGA Ruling May Affect Employers

  

  In Viking River Cruises v. Moriana, which the U.S. Supreme Court will hear arguments in this month, if the justices decide that the Federal Arbitration Act preempts California law barring arbitration of Private Attorneys General Act claims, employers may gain a sturdy layer of protection against PAGA litigation through properly drafted arbitration agreements, say Julia Trankiem and Michael Pearlson at Hunton.

• Law Curbing Sexual Harassment Arbitration Is Not Enough

  

  A recently enacted law that bans forced arbitration of workplace sexual assault and harassment claims is an important step for protecting American workers, but it falls short by failing to extend the prohibition to all employment-related disputes, say Kalpana Kotagal and Brendan Schneiderman at Cohen Milstein.

• Navigating Return Of Calif. COVID-19 Supplemental Sick Leave

  

  California employers must understand key similarities and important differences between a new law recently signed by Gov. Gavin Newsom that restores COVID-19-related benefits and the 2021 version of the legislation, and they should take several immediate steps to ensure compliance, say Sara Abarbanel and Krista Cabrera at Foley & Lardner.

• Employer's Agenda: Allied Universal Counsel Talks Synergy

  

  Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

• Judge Jackson's Employment Rulings Embody Pragmatism

  

  U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

• What To Expect From High Court's Key FAA Cases This Term

  

  Ahead of upcoming arguments in three U.S. Supreme Court cases concerning the Federal Arbitration Act, Mark Savignac at Steptoe & Johnson examines the eventual rulings’ potential implications for companies that rely on arbitration agreements, and offers considerations for practitioners seeking to enforce such contracts.

• Problems For Nonunion Contractors In Biden's Labor Mandate

  

  President Joe Biden’s recent order mandating the use of project labor agreements for large-scale federal construction projects is a welcome development for organized labor, with potentially expensive consequences for nonunion contractors and subcontractors, say Michael Schrier and Adam Doerr at Husch Blackwell.

• How Calif. May React To High Court's Looming PAGA Ruling

  

  The U.S. Supreme Court will soon hear oral argument in Viking River Cruises v. Moriana and will likely hold that the Federal Arbitration Act preempts the California Private Attorneys General Act’s rule against arbitration waivers, so the state may amend the statute in several key ways to survive a pro-employer ruling, says Gordon Renneisen at Cornerstone Law Group.

• 2 High Court Cases That Can Alter Arbitration Playing Field

  

  Two matters currently pending before the U.S. Supreme Court — Badgerow v. Walters and Morgan v. Sundance — could significantly affect employment and business contracts that contain arbitration clauses, and attorneys will be well-advised to study not only the disposition of the cases but the specific reasoning of the court, say attorneys at Porter Wright.

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• 3rd Circ. Should Allow Class Notice In Wells Fargo Case

  

  With its upcoming ruling in Bruno v. Wells Fargo — a Fair Labor Standards Act collective action — the Third Circuit should break with Fifth and Seventh Circuit precedent and side with employees to give district courts discretion to send notice to class members before deciding whether claims are subject to arbitration, says Raphael Janove at Pollock Cohen.

• How NCAA Can Avoid Athlete Compensation Antitrust Issues

  

  As demonstrated by a young soccer player's recent case against the National Women's Soccer League in Oregon federal court, if the NCAA treats athletes as employees and uses collective bargaining, the organization could shape the future of name, image and likeness compensation without running afoul of antitrust laws, says Eric Mills at Miller Nash.

• How Cos. Can Keep Up With Pay, Workplace Equity Evolution

  

  Legislatures, policy leaders and plaintiffs lawyers are increasingly linking pay equity concerns with broader racial and gender equality issues in the workplace, and employers who want to stay ahead of the curve must focus not just on how much employees are paid, but also on the jobs they hold and the workplace opportunities afforded to them, say Erin Connell and Kayla Grundy at Orrick.