Don’t Labor Under New Laws

California is a state of perpetual motion when it comes to new and evolving employer regulations. While most of the 305 bills introduced in the last legislative session mentioning “employer” did not pass the Legislature, many did and were signed into law by Gov. Gavin Newsom. With that comes more rules and risks for employers dealing with non-compete agreements, anti-discrimination, Labor Code enforcement, workplace safety, leaves of absence and a plethora of minimum wage increases.

To borrow from Kelly Clarkson, “… what doesn’t kill you makes you stronger, stand a little taller …”

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State & Local Employment Law Developments: Q4 2023

As we witnessed in the first, second and third quarters of 2023, state and local governments continued to increase workplace regulations in the fourth quarter of the year. Read our update for an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.

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U.S. Supreme Court to Clarify Whistleblower Statutes Regarding Employee’s Burden of Proof

The U.S. Supreme Court will decide in Murray v. UBS Securities, LLC whether a whistleblower must prove that an employer acted with “retaliatory intent” to be protected under the Sarbanes-Oxley Act. The Court’s decision will settle a split between the circuit courts, which will impact how employers defend against Sarbanes-Oxley Act retaliation claims.

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Child Labor Law Violations: U.S. Department of Labor Issues New Assessment Procedures for Calculating Civil Monetary Penalties

On November 28, 2023, the U.S. Department of Labor’s Wage and Hour Division announced that it will assess child labor civil monetary penalties for nonserious injury and noninjury violations of the Fair Labor Standards Act on a per-violation basis, rather than on a per-child basis as it had previously done, significantly increasing the aggregate of potential penalties.

To view the full alert, visit the Faegre Drinker website.

Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how menopause can affect those going through it. However, employers are seeing an increase in employees concerned about menopause and their experience with it at work. This is a multi-faceted issue that encompasses a range of potential employment law issues.


Most countries do not recognise menopause as a characteristic that is specifically protected by discrimination laws. But employees experiencing menopause may be protected by discrimination laws relating to age, sex, disability and gender reassignment. Generally, people experiencing menopause are women aged between 45 and 55 so any unfavourable treatment (whether direct or indirect) towards an employee experiencing menopause could amount to sex and/or age discrimination. Gender reassignment discrimination may also be relevant if the employee experiencing menopause is transgender.

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