Business, Management, Marketing, Money, Tax, Law, People

Quick Hits On November 19, 2025, the California Court of Appeal affirmed the dismissal of a PAGA action in Brown v. Dave & Buster’s of California, Inc., holding that a prior settlement barred the plaintiff’s claims under the doctrine of claim preclusion. The court found that the settlement in a 2019 action, which covered the same alleged Labor Code violations, constituted a final judgment on the merits and involved the…

Quick Hits On November 18, 2025, the California Court of Appeal affirmed penalties against Anton’s Services for misclassifying workers and failing to comply with prevailing wage and apprenticeship requirements on public works projects. The court’s decision highlights the strict enforcement of California’s Prevailing Wage Law, emphasizing the necessity of correct worker classification and adherence to apprenticeship statutes. The ruling clarifies that judicial review of administrative wage and penalty assessments is…

Quick Hits The EEOC, the DOL, the U.S. Department of Justice’s Civil Rights Division, and the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services are coordinating efforts related to national origin discrimination and anti-American bias. As part of Project Firewall, the DOL and EEOC plan to share data, align enforcement tools, and facilitate referrals addressing discriminatory hiring and potential H‑1B program abuses. Given this coordination, employers may see…

Quick Hits California and New York are implementing stringent measures to curb “stay or pay” contracts. A Florida appellate court ruled the state’s open carry ban unconstitutional, allowing open carry throughout the state. Maryland issued final regulations for its mini-WARN Act, which includes provisions for remote employees. New pay transparency laws in New Jersey, California, Delaware, and Washington require employers to disclose pay and benefits information in job postings, with…

Quick Hits The European Union’s “Equal Treatment Framework Directive” (Directive 2000/78/EC) also protects employees, who are not themselves disabled, from discrimination by association on grounds of disability, such as parents who care for a child with a disability and are disadvantaged as a result. In such cases, employers must provide reasonable accommodation, such as adjustments to working hours or to the workplace, insofar as doing so would not cause a…

Quick Hits The California Court of Appeal upheld a ruling that a car dealership’s “flag bonus pay” system for service technicians complies with California’s “no borrowing” rule. The court distinguished this compensation structure from the previously unlawful “piece rate basis” system because it paid a guaranteed hourly rate for all clocked hours (independent of productivity) that fully satisfied minimum-wage and rest-break requirements, plus a true productivity bonus on top. The…

Quick Hits The NYDFS recently issued guidance that provides detailed best practices to mitigate risk throughout the TPSP life cycle: due diligence, contracting, ongoing monitoring, and termination. The guidance indicates that NYDFS will scrutinize policies and procedures related to TPSPs, especially where covered entities outsource cybersecurity compliance. Companies may want to revisit vendor management policies, contracts, and oversight procedures, including with respect to AI platforms. NYDFS has identified covered entities’…

Quick Hits Jurisdictions such as California, New York City, Colorado, Illinois, and the European Union (EU) variously require (or plan to require) and encourage bias testing, notices, transparency, and, in some cases, public summaries. AI involvement can create substantial legal risk, even when humans make the final decisions; AI-influenced scores, rankings, or screens can still be treated by regulatory authorities as decision-making, triggering validation, bias-testing, notice, and transparency duties—with “cutoff”…

Quick Hits Effective January 1, 2026, New York State will raise the minimum wage to $17.00 for downstate employees and $16.00 for upstate employees Along with the minimum wage increases, there will be adjustments to the cash wage and tip credits for tipped service employees, as well as revised meal and uniform credit rates to reflect the new wage structure. The minimum salary thresholds for the executive and administrative employee…

Quick Hits USCIS will continue to accept adjustment of status filings based on the Dates for Filing chart in the December 2025 Visa Bulletin. The December 2025 Visa Bulletin shows some advancement from last month’s bulletin for employment-based categories for the final action dates. All employment-based categories for dates for filing remain unchanged, except for fourth preference for Certain Religious Workers and fifth preference unreserved. The final action dates for…

Quick Hits The IRS and Treasury Department recently published guidance to clarify how employees may calculate their tax deduction for tips and overtime pay for the 2025 tax year when they have limited information. The guidance shows examples of common situations, such as a bartender with reported and unreported tips, a self-employed travel guide who received tips on digital payment apps, and a law enforcement employee who is paid overtime…

Quick Hits The EEOC issued a one‑page technical assistance document and updated its national origin landing page, both making clear that Title VII protects all workers—including Americans—and clearly stating potential business rationales do not justify national origin discrimination or anti-American bias. Job ads preferring visa statuses, disparate treatment in applications, assignments, or pay, and unlawful harassment or retaliation are identified as top risk and enforcement areas in the ongoing effort…

Quick Hits President Trump has nominated labor and employment M. Carter Crow as the new general counsel of the EEOC, a position that has been vacant since January 2025. Crow’s Senate confirmation process will likely take several weeks to months, but if confirmed, Crow would be positioned to carry out the Trump administration’s discrimination and harassment enforcement priorities. The nomination comes weeks after the U.S. Senate confirmed another commissioner, restoring…