Employment News

Prop 22, California’s voter-approved ballot measure that allowed rideshare and delivery network companies like Uber, Lyft, and DoorDash to classify drivers as independent contractors rather than employees, should remain state law, a divided three-judge appellate panel ruled last month. The law had been struck down in 2021 by a lower court, but the state appealed. Prop 22, also known as the Protect App-Based Drivers and Services Act, is a 2020 ballot measure that received heavy financial … [Read more...]

California employers can require workers to sign mandatory arbitration agreements, also known as forced arbitration, as a condition of employment following a U.S. Court of Appeals ruling last month. The Ninth Circuit ruled that California Assembly Bill 51 banning “forced arbitration” clauses is preempted by federal law, the Federal Arbitration Act. The bill attempted to work around the FAA, saying existing arbitration agreements were enforceable but that new employees must be given the choice … [Read more...]

The Federal Trade Commission in January proposed a new rule that would amount to an FTC noncompete ban, prohibiting employers from imposing noncompete clauses on workers. These clauses, which block workers from taking a job at a competing employer within a period of time or within a geographic location, are already unenforceable in California as well as in two other states, North Dakota and Oklahoma. According to the FTC, one in five American workers—about 30 million people—are still … [Read more...]

A December ruling by the National Labor Relations Board paves the way for broader wrongful termination compensation awards to employees and other victims of unfair labor practices. What the NLRB Decided in Thryv, Inc. In a 3-2 decision issued in Thryv, Inc., the NLRB clarified its “make-whole” remedy to include payment for “direct or foreseeable” harm suffered as a result of labor law violations.  In addition to direct costs such as the loss of earnings and benefits, the ruling says … [Read more...]

The SEC whistleblower program and its CFTC counterpart, two federal financial whistleblower programs, recently released record-breaking reports for Fiscal Year 2022, which ran through September. The U.S. Commodity Futures Trading Commission, which oversees cryptocurrency, reported more than $3 billion in sanctions from all whistleblower-related actions and an increase in whistleblower tips. The CFTC’s Whistleblower Office received 1,506 whistleblower tips and complaints in FY 2022, an … [Read more...]