Maryland Poised to Continue Trend of Jurisdictions Mandating Pay Transparency in Job Postings
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- Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work – Wage Range Transparency (“HB 649”). If signed by... ›
Non-Compete Q1 2024 Round Up - FTC, California, and New York
By: Eric Akira Tate, Cooper J. Spinelli and Caleb D. Woods
While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in... ›Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory Intent
By: Eric Akira Tate and Cooper J. Spinelli
Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley (“SOX”) whistleblower case, a SOX plaintiff does not have... ›Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors
By: Andrew R. Turnbull and Keniece Y. Gray
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings. If implemented, the requirements will apply broadly to... ›- - PAGA, Legislation
Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds
The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act (PAGA) may be stricken where there is no manageable way... › Collective redundancies in Europe
By: Lara M. King, Christin Dunkel, Oliver Spratt and Hanno Timner
One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties, reorganizations, the need for synergy after acquisitions, or any number of... ›Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More
By: Eric Akira Tate and Cooper J. Spinelli
Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from the SEC to the U.S. Supreme Court, courts and regulators... ›- - OFCCP
OFCCP’s New Burdensome Audit Scheduling Letter Approved
By: Andrew R. Turnbull and Sadé V. Tidwell
On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal contractors must submit to OFCCP at the outset of audits. These... › Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment
By: Nicole E. Giles and Andrew R. Turnbull
In Innovative Technologies, Inc. , ASBCA No. 6186, 62185 , the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”)... ›- - PAGA
The California Supreme Court Clarifies PAGA Standing
By: Jinny S. Hwang
On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. ( S274671 , Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private Attorneys General Act of 2004 (PAGA,... ›