Employment Law in Motion
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NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements
On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.”
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SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard
In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor Relations Act (the Act) by holding that courts must apply the traditional principles of equity encompassed in the four factors articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)—departing from the watered-down “reasonable cause” and “just and proper” standard.
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Update on Jurisdictions Exceeding Washington State’s Minimum Wage in 2025
As we reported recently, the Washington State minimum wage beginning January 1, 2025, will be increased to $16.66 per hour. As explained in our prior blog post, this new state wage also impacts the salary exempt levels required.
Multiple jurisdictio...
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Washington State Announces New Compensation Levels for 2025: Minimum Wage and Salary Exemptions Unveiled
Washington State has announced its new minimum wage, exempt salary level, and other compensation levels for 2025. All of the following will be in effect as of January 1, 2025:
Washington State minimum wage: $16.66 per hour.Note: We are still wa...
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California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment Claim
Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was sufficiently severe even though not pervasive.
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From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data Management
Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about these actions.
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