Civil Law

Will Australians connect with the right to disconnect?

The right to disconnect has been in the media a lot. But if we look behind the headlines, what impact is it actually going to have?

The new laws give employees a limited right to ignore work-related contact outside of working hours. This right is limited by what is reasonable. It does not:

  • outlaw reasonable out-of-hours contact; or
  • give employees rights to unreasonably ignore work-related communications.

Given the Fair Work Act 2009 (Cth) has always prohibited unreasonable additional work outside … Read the rest

Civil Law

Gray Reed Partners Chris Davis and Joshua Smeltzer’s Crypto Article Featured in Bloomberg Leading news

The Securities and Exchange Commission (SEC) has recently disclosed two settled enforcement actions against Prager Metis CPAs, an audit firm linked to FTX, the now-defunct crypto trading platform. The firm’s founder and former CEO, Sam Bankman-Fried, is currently in custody alongside Sean “Diddy” Combs at the Metropolitan Detention Center in Brooklyn. These enforcement actions highlight three important considerations for auditors and accountants: the SEC’s stance on auditor independence, the qualifications of individuals conducting audits in emerging sectors and the significance … Read the rest

Civil Law

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her order on the plaintiffs’ motion to stay and enjoin the Rule—that the FTC violated the APA because it “exceeded its … Read the rest

Civil Law

“Solitary Confinement, Human Dignity, and the Eighth Amendment”

The title of this post is the title of this new paper authored by Laura Rovner now available via SSRN. Here is its abstract:

The harms of solitary confinement have been well-documented for centuries, yet the practice persists.  Despite recent efforts to reform the use of solitary confinement in certain states and localities, over 120,000 people are currently confined in solitary conditions in American prisons and jails.  In part, America’s addiction to solitary remains incurable because the doctrine governing whether

… Read the rest
Civil Law

The Changing Labor Landscape for Healthcare Employers

In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations.  Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects.  At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether or not they have unions representing their employees.  While the Federal Trade Commission’s non-compete rule has garnered major attention (as we discussed further here and … Read the rest

Civil Law

In a Batson Challenge, what Prosecutor Says is Everything or is It?

Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty clear to me that he would think Loper Bright overruled Kisor v. Wilkie. So, administrative regulations he will uphold will have to have a very … Read the rest

Civil Law

Legislative Update: Legislature Hikes the Ball For Signing Kickoff

Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into law. The bills for his consideration read intersectionality into FEHA protected categories, recast victims’ time off provisions, adjust paid family leave, and impact protections for freelance workers and whistleblowers.

At the conclusion of its August 31, 2024, deadline, the Legislature … Read the rest

Civil Law

Navigating employee relations: The advisor’s role (Part 3)

In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”

What stood out was the challenging nature of the role of those in ER.

The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated.

Yes, compliance is a must, but so too is meeting business objectives.

ER is at the pointy end of keeping a business out of trouble and getting things done.

The passion … Read the rest