Category: Blog

California Labor Code Private Attorneys General Act (PAGA) Reform

California Labor Code Private Attorneys General Act (PAGA) Reform by Labor and Employment Group On July 1, 2024, California Governor Gavin Newsom signed legislation reforming the Private Attorneys General Act (PAGA). This reform—the most significant amendment of PAGA since its enaction—provides employers with new opportunities in responding to PAGA claims. As detailed in the attached […]

Improper Assertion of Attorney-Client Privilege

Improper Assertion of Attorney-Client Privilege By Ben Riley* In litigation cases in the United States, issues commonly arise over assertion of the attorney-client privilege.  Aggressive or unscrupulous parties may seek to hide harmful email communications or admissions behind the attorney-client privilege, but the privilege is not absolute.  The usual claim is that an attorney has […]

Multi-State Wage Transparency Laws Relating to Job Postings

Multi-State Wage Transparency Laws Relating to Job Postings By Labor and Employment Group Currently, Colorado is the only state that requires an employer who employs at least one employee in Colorado and posts an electronic job advertisement in Colorado (remote or otherwise) to also post a hyperlink on the advertisement that clearly provides (1) the […]

Impacts and Analysis of NFIB v. Department of Labor, Occupational Safety and Health Administration

Impacts and Analysis of NFIB v. Department of Labor, Occupational Safety and Health Administration by Elizabeth T. Ferguson, Chad E. DeVeaux, Kritika Thukral This article is a collaboration between Bartko’s L&E Department and our Constitutional Law Scholar. Today, on January 13, 2022, the U.S. Supreme Court issued a stay on the enforcement of OSHA’s Emergency […]

NEW Covid-19 Paid Sick Leave Starting March 29, 2021

NEW Covid-19 Paid Sick Leave Starting March 29, 2021 The State of California just enacted legislation that will go into effect on March 29, 2021 requiring all businesses with more than 25 employees to provide a new bank of up to 10 days (80 hours) of supplemental paid sick leave for any employee who is […]

New Pay Data Reporting Requirements for California Employers

New Pay Data Reporting Requirements for California Employers California employers take note.  Beginning this March, larger California employers must file an annual Pay Data Report that provides a breakdown by race, ethnicity, and sex for employees in different job categories and pay ranges. What Employers Are Required to File? Employers having at least one employee […]

COVID-19 Laws and Regulations Update For 2021 – by Kerry Duffy and Elizabeth Ferguson

COVID-19 Laws and Regulations Update For 2021 by Kerry Duffy and Elizabeth Ferguson In a surprising turn of events this week, Congress did not extend the Families First Coronavirus Response Act (“FFCRA”) past December 31, 2020.  This means that employers will not be required to provide FFCRA leave in 2021.  Rather, employers have the option […]