California Association of Winegrape Growers’ Post

How do group information systems affect fundamental rights? This week, Sarah Gilbert and I have been writing about the role of technology in freedoms of assembly and association, so this new story from California caught my attention. A judge in California just ruled that farmworkers can't vote asynchronously to form unions, and that they have to meet in person. "Workers’ advocates argued this protects workers from employer pressure and retaliation, which they say farmworkers often face, especially more than half are undocumented immigrants. Growers pushed back, arguing there would be little way for employers to check the validity of the signed cards." The wild thing? Workers in other industries are allowed to vote asynchronously. From what I can tell, it's just farmworkers, the people who would benefit the most from less friction in the voting process, who are being denied this right to association. I expect this ruling will be challenged. https://lnkd.in/eccMAtqT

When it comes to employment law, don’t let April fool you! Here's what you can expect: 🔷The U.S. Department of Labor is expected to announce its updates to Fair Labor Standards Act rules. 🔶April is also the anticipated time frame for the Federal Trade Commission to issue a Final Rule related to noncompetes. 🔷April 1 marks the date the Office of Federal Contract Compliance Programs opens the Contractor Portal for the 2024 affirmative action certification period. 🔶April 30 is the final day most organizations must display their OSHA 300A Summary. 🔷The 2023 EEO-1 Component 1 data collection reporting period will open on April 30. Read more: https://lnkd.in/ga-Jf57R #hrcompliance #DOL #employmentlaw

Therapists, you've read me post about it already--if you haven't caught up with the major news this week regarding non-compete agreements, it's a pivotal development with significant implications for our profession and the healthcare industry at large. On Tuesday, a federal judge in Texas issued a ruling that temporarily blocks the US Federal Trade Commission's (FTC) highly anticipated ban on non-compete agreements from taking effect. This ruling has stirred controversy, as non-competes have long been a contentious issue, particularly in healthcare, where they impact everything from mobility and compensation within the field to how we serve our clients. Originally, the FTC's ban was slated to go into effect nationwide in September. However, US District Judge Ada Brown ruled that the FTC lacks the authority to impose such a broad ban, effectively halting the rule's implementation. This means that, for now, employers across the country can continue to use non-compete agreements in accordance with existing state regulations. While the ruling halts the ban for the time being, there is still uncertainty about the future. Legal experts suggest that the FTC may appeal the decision, and it’s possible they could request an emergency order to allow the rule to take effect while the appeals process unfolds. For those of us in the healthcare field, it's critical to stay informed about these legal shifts as they may impact our work environments and professional freedoms. This ruling could change once again, so we'll need to continue monitoring the situation closely. https://lnkd.in/eyu7SwGQ #mentalhealth #mentalhealthadvocacy #mentalhealthcare #privatepractice #workersrights #clinicalsupervision

U.S. FTC'S BAN ON NONCOMPETE AGREEMENTS FACES LEGAL CHALLENGES - Potential to increase worker earnings by up to $488 Billion over the next decade "The Chamber's lawsuit in federal court in Tyler, Texas, alleges that the U.S. Federal Trade Commission lacks the power to adopt sweeping rules such as the ban on so-called noncompete agreements released on Tuesday, which is set to take effect in August." #noncompeteagreements #noncomplete #businesslaw #uslaw #chamberofcommerce #coc #federaltradecommission #ftc #unitedstates #law #businesscompetition #corporatelaw #intellectualproperty #ip #businesscompetition #workercompensation #compensation #workeragreements #hr #humanresources #employmentlaw #salary #careermanagement #reuters #economics #useconomy #managementconsulting #management #executive #executives #businessexecutives #compensationanalyst #compensationconsultant #employmentrends #competitionfortalent #talentacquisition #recruiters #executiverecruiters #executiverecruiting

It's #TipTuesday! Victoria Shin provides this week's tip reminding California employers that even though the passage of PAGA reforms provides some breathing room, it is still important to vet their wage and hour policies and practices with experienced counsel. On July 1, 2024, California Governor Gavin Newsom signed amendments that reformed the decades old Private Attorneys General Act (PAGA). The revised statute brings a host of changes, providing more clarity and guidance to both plaintiffs’ attorneys and the defense bar. While the passage of PAGA reforms provides some breathing room for California employers, it remains important for California employers to vet their wage and hour policies and practices with experienced counsel. #employmentlaw #California #PAGA

Check out my #TipTuesday!

Big News from California! Governor Gavin Newsom, along with legislative leaders, has announced a significant agreement on PAGA (Private Attorneys General Act) reform. This groundbreaking deal aims to streamline and enhance the efficiency of the PAGA process, providing better protection for workers and clarity for businesses. Key highlights of the agreement include: Increased Transparency: Ensuring more accessible and transparent reporting mechanisms. Enhanced Enforcement: Strengthening the enforcement of labor laws to protect workers' rights effectively. Balanced Approach: Striking a balance between protecting workers and reducing unnecessary litigation for businesses. This reform is a major step forward in California's ongoing commitment to fair labor practices and economic growth. Read more about this landmark agreement here https://lnkd.in/gzgpX8wJ #PAGA #LaborReform #California #WorkersRights

Federal Judge Strikes Down Ban On Worker 'Noncompete' Agreements: U.S. District Judge Ada Brown in Dallas blocked the FTC's rule banning noncompete agreements, arguing the FTC lacks authority to implement such broad regulations and did not adequately justify the sweeping prohibition. Reuters reports: Brown had temporarily blocked the rule in July while she considered a bid by the U.S. Chamber of Commerce, the country's largest business lobby, and tax service firm Ryan to strike it down entirely. The rule was set to take effect Sept. 4. Brown in her ruling said that even if the FTC had the power to adopt the rule, the agency had not justified banning virtually all noncompete agreements. "The Commission's lack of evidence as to why they chose to impose such a sweeping prohibition ... instead of targeting specific, harmful non-competes, renders the Rule arbitrary and capricious," wrote Brown, an appointee of Republican former President Donald Trump. FTC spokesperson Victoria Graham said the agency was disappointed with the ruling and is "seriously considering a potential appeal." "Today's decision does not prevent the FTC from addressing noncompetes through case-by-base enforcement actions," Graham said in a statement. The Democratic-controlled FTC approved the ban on noncompete agreements in a 3-2 vote in May. The commission and supporters of the rule say the agreements are an unfair restraint on competition that violate U.S. antitrust law and suppress workers' wages and mobility. Read more of this story at Slashdot.

Federal Judge Strikes Down Ban On Worker 'Noncompete' Agreements: U.S. District Judge Ada Brown in Dallas blocked the FTC's rule banning noncompete agreements, arguing the FTC lacks authority to implement such broad regulations and did not adequately justify the sweeping prohibition. Reuters reports: Brown had temporarily blocked the rule in July while she considered a bid by the U.S. Chamber of Commerce, the country's largest business lobby, and tax service firm Ryan to strike it down entirely. The rule was set to take effect Sept. 4. Brown in her ruling said that even if the FTC had the power to adopt the rule, the agency had not justified banning virtually all noncompete agreements. "The Commission's lack of evidence as to why they chose to impose such a sweeping prohibition ... instead of targeting specific, harmful non-competes, renders the Rule arbitrary and capricious," wrote Brown, an appointee of Republican former President Donald Trump. FTC spokesperson Victoria Graham said the agency was disappointed with the ruling and is "seriously considering a potential appeal." "Today's decision does not prevent the FTC from addressing noncompetes through case-by-base enforcement actions," Graham said in a statement. The Democratic-controlled FTC approved the ban on noncompete agreements in a 3-2 vote in May. The commission and supporters of the rule say the agreements are an unfair restraint on competition that violate U.S. antitrust law and suppress workers' wages and mobility. Read more of this story at Slashdot.

Federal Judge Strikes Down Ban On Worker 'Noncompete' Agreements: U.S. District Judge Ada Brown in Dallas blocked the FTC's rule banning noncompete agreements, arguing the FTC lacks authority to implement such broad regulations and did not adequately justify the sweeping prohibition. Reuters reports: Brown had temporarily blocked the rule in July while she considered a bid by the U.S. Chamber of Commerce, the country's largest business lobby, and tax service firm Ryan to strike it down entirely. The rule was set to take effect Sept. 4. Brown in her ruling said that even if the FTC had the power to adopt the rule, the agency had not justified banning virtually all noncompete agreements. "The Commission's lack of evidence as to why they chose to impose such a sweeping prohibition ... instead of targeting specific, harmful non-competes, renders the Rule arbitrary and capricious," wrote Brown, an appointee of Republican former President Donald Trump. FTC spokesperson Victoria Graham said the agency was disappointed with the ruling and is "seriously considering a potential appeal." "Today's decision does not prevent the FTC from addressing noncompetes through case-by-base enforcement actions," Graham said in a statement. The Democratic-controlled FTC approved the ban on noncompete agreements in a 3-2 vote in May. The commission and supporters of the rule say the agreements are an unfair restraint on competition that violate U.S. antitrust law and suppress workers' wages and mobility. Read more of this story at Slashdot.