Publications

On March 24, 2026, Washington Governor signed House Bill 1155 amending various provisions related to non-competition and non-solicitation agreements, amendments which take effect on June 30, 2027.

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On January 28, 2026, NLRB General Counsel Crystal S. Carey issued GC Memo 26 02, setting a markedly different tone from the sweeping policy agendas that have defined recent years. Rather than launching a new wave of precedent revisiting initiatives, Carey’s first major communication focuses on something far more fundamental—and urgently needed across the Agency: operational consistency, timely case resolution, and restoring predictability in regional enforcement.

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The “No Taxes on Tips” regulation has been enacted and will take effect on June 12, 2026. The new regulations, issued by the IRS, declare that a deduction shall be allowed for an amount equal to a taxpayer’s qualified tips, up to a maximum of $25,000. (It can be less for those whose adjusted gross income exceeds $150K ($300K if filing jointly).)

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Organizations rarely become vulnerable to union organizing overnight. Vulnerability builds gradually — through cultural drift, leadership inconsistency, operational pressure, or unresolved employee concerns. The challenge is that most employers don’t recognize the warning signs until a petition is filed or an organizer is already active inside the workforce.

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Senate Bill 294, the Workplace Know Your Rights Act (the “Act”), took effect this year and requires employers to (1) distribute a standalone written notice of employee rights to every employee, and (2) allow employees to designate an emergency contact in the event of an arrest or detention.

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We are excited to welcome Christina Tantoy back to Stokes Wagner as Managing Shareholder of our Los Angeles office.

Christina’s connection to the firm spans much of her career. She first joined Stokes Wagner as a law clerk and later returned to the firm as an associate, where she worked closely with hospitality clients on complex litigation and employment matters.

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As a California employer in the private sector, you may be unaware of the Public Employees Relations Board, known as the PERB. Historically, the PERB has had the limited scope of overseeing labor relations for public sector employees in a role similar to the National Labor Relations Board (“NLRB”), which oversees private sector labor relations nationwide pursuant to the National Labor Relations Act (“NLRA”). The NLRA grants the NLRB the primary jurisdiction over private sector labor relations matters. The PERB’S limited role has now potentially expanded with the passage of AB 288, which means its employee-protective procedures may eventually affect private employers.

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A recent Illinois Supreme Court decision has contradicted years of federal case law by confirming that, unlike federal law, the Illinois Minimum Wage Law (“IMWL”) does not contain an exception for “preliminary and postliminary” activities—i.e., activities performed before and after employees’ principal duties. As a result, such activities (including security screenings, donning and doffing required equipment, or required pre-shift tasks) may now be considered “hours worked” and compensable depending on the circumstances.

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Employees generally enjoy more legal protections than independent contractors in many contexts, including under the Fair Labor Standards Act. A 2024 Department of Labor regulation (29 CFR part 795), issued under the Biden administration, leaned slightly more towards finding that individuals were employees for purposes of the FLSA than a regulation adopted just before President Biden took office in January 2021. In May 2025, the DOL announced that it would no longer enforce the 2024 Rule, and on February 27, the Wage and Hour Division of the Department of Labor formally proposed to replace the Biden administration independent contractor test with the previous test, with a few modifications.

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California employers implementing mass layoffs, relocations, or business closures in 2026 should be aware of updated notice requirements under Senate Bill 617 (SB 617). The law took effect January 1, 2026, and expands the information employers must include in notices issued under the California Worker Adjustment and Retraining Notification Act (Cal-WARN). The Cal-WARN Act generally requires employers with 75 or more employees to provide at least 60 days’ advance written notice before implementing a qualifying mass layoff, relocation of operations (100 miles or more), or termination of a covered establishment affecting 50 or more employees. While SB 617 does not change the 60-day notice requirement or when the law applies, it adds several disclosure requirements intended to help impacted employees more easily access workforce support services and public assistance programs.

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