HR by State Update: March 8th, 2023

BIPA’s Per-Scan Damages May Create “Annihilative Liability” Illinois

The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time…

Florida’s Amended NIL Law: The Game Is Changing (Again) Florida

Florida Governor Ron DeSantis signed a bill in June 2020 allowing college athletes in Florida to earn compensation for using their name, image and…

California Court of Appeal Holds that Plaintiffs Can Pursue Non-Individual PAGA Claims in Court Despite Arbitration of Individual PAGA Claims California

On February 2, 2023, the California Court of Appeal (Fifth District) in Galarsa v. Dolgen California LLC, No. F082404 (modified and certified for…

Philadelphia Issues Rules on COVID Paid Sick Leave, and Revises “During COVID” Rules for Regular and Healthcare Employee Paid Sick Leave Pennsylvania

February 28, 2023, Philadelphia, Pennsylvania’s Department of Labor (PDOL) published regulations concerning three distinct types of job-protected…

California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour Penalties California

In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing…

You’ve Heard That The NLRB Restricted The Use of Confidentiality & Non-Disparagement Provisions In Separation Agreements. Here’s What Employers Need To Do About It.

On February 21, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb holding that employers may not offer employees…

On the Hunt: NLRB’s Top Lawyer Seeks Out Cases to Upend Precedent

After getting off to a relatively slow start, the current National Labor Relations Board (NLRB) composed of a majority of members appointed by…

NLRB Takes Aim at Non-Disparagement and Confidentiality Provisions For Union and NonUnion Employees

On February 21, 2023, the National Labor Relations Board (NLRB or Board) issued a significant decision concerning the use of confidentiality and…

Allegedly Discriminatory Incidents Should Not Be Considered in Isolation

The U.S. Court of Appeals for the Second Circuit recently reiterated that multiple incidents – including those that may be “facially neutral” – must…

FTC’s Unprecedented Move Against Non-Competition Agreements Remains Center Stage (and a Mess) As More People, Organizations and Congress Join the Fray, But The Real Fight Is Not Yet Here

As previously highlighted by Benesch, the Federal Trade Commission (“FTC”) kicked off 2023 by proposing an unprecedented, sweeping “crack-down” on…

Arkansas Court of Appeals: Longshore Harbor Workers’ Compensation Act Payments Not Assignable Arkansas Texas

In a recent unanimous decision, a three-judge panel of the Arkansas Court of Appeals held that Section 916 of the Longshore and Harbor Workers’…

In brief: employee termination law in the USA (Montana) Montana

This Q&A covers the essential legal and practical considerations surrounding employee termination law in the USA (Montana).

Supreme Court Holds That Day Rate Pay Is Not a Salary

The United States Supreme Court recently decided in Helix Energy Solutions Group, Inc. v. Hewitt that paying employees a “day rate” does not qualify…

New McDonald’s Opinion Provides Directors a Playbook for Responding to “Red Flags” of Alleged Workplace Misconduct Delaware

The Delaware Court of Chancery’s recent opinion in In re McDonald’s Corporation Stockholder Derivative Litigation provides a roadmap for directors…