The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated. A series of court filings last week suggests that state and local officials may be gearing up to...more
11/19/2019
/ ABC Test ,
Appeals ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement Actions ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Strategic Enforcement Plan ,
Wage and Hour
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more
11/14/2019
/ Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
New Legislation ,
NLRB ,
Paid Time Off (PTO) ,
Pay Gap ,
Popular ,
Raids ,
Rulemaking Process ,
Salary/Wage History ,
Smoking Bans ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify...more
11/8/2019
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more
10/31/2019
/ ABC Test ,
Corporate Counsel ,
Dominos ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more
9/26/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Corporate Counsel ,
Due Process ,
Dynamex ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
Question of Law ,
Retroactive Application ,
State Labor Laws
On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more
9/24/2019
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On June 24, 2019, the Department of Labor made public its long-awaited proposed rule establishing a process for DOL to advance the development of Industry-Recognized Apprenticeship Programs (IRAPs). On the same day, DOL...more
As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation...more
While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. ...more
11/7/2018
/ Class Action Arbitration Waivers ,
Corporate Counsel ,
Employee Rights ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Regulatory Oversight ,
Sexual Harassment ,
Sick Leave ,
U.S. House ,
Unions ,
Wages ,
White-Collar Exemptions
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more
10/18/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
NLRB ,
OSHA ,
Regulatory Agenda ,
TRICARE ,
USCIS ,
Wage and Hour ,
Workplace Injury
On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh to potentially fill the impending U.S. Supreme Court vacancy created by Justice Anthony Kennedy’s retirement, which takes effect on July 31, 2018. Judge...more
President Trump's budget proposal for fiscal year 2019 indicates the administration intends to scale back the Department of Labor (DOL) and National Labor Relations Board (NLRB). ...more
2/13/2018
/ Apprenticeships ,
Association Health Plans ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
E-Verify ,
EBSA ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Funding ,
Immigration Procedures ,
NLRB ,
Parental Leave ,
Regulatory Reform ,
Trump Administration
Buried in the massive Tax Cuts and Jobs Act (H.R. 1), the tax overhaul legislation the Senate approved on December 2, 2017, is a section providing a tax credit to employers that provide their employees with paid family and...more
12/5/2017
/ Corporate Counsel ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Paid Leave ,
Proposed Legislation ,
Sexual Harassment ,
Tax Credits ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration
The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more
12/5/2017
/ Administrative Appointments ,
Corporate Counsel ,
Employee Handbooks ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Purple Communications ,
Regulatory Standards ,
Unfair Labor Practices ,
Unions
Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more
11/16/2017
/ Apprenticeships ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Health Insurance ,
Investment Management ,
OSHA ,
Over-Time ,
Request For Information ,
Secretary of Labor ,
Silica ,
Toxic Exposure ,
Trump Administration ,
White-Collar Exemptions ,
Workplace Safety
As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...more
11/14/2017
/ Anti-Discrimination Policies ,
Ban the Box ,
Compensation & Benefits ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
Criminal Background Checks ,
Disability Benefits ,
DLSE ,
Equal Pay ,
Executive Compensation ,
Fast-Food Industry ,
Gender Identity ,
Human Trafficking ,
Immigration and Customs Enforcement (ICE) ,
New Legislation ,
Parental Leave ,
Pay Ratio ,
Popular ,
Raids ,
Salary/Wage History ,
Securities and Exchange Commission (SEC) ,
Sexual Orientation Discrimination ,
State and Local Government ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
In an effort to promote workplace flexibility and streamline employer paid leave obligations, three members of the House of Representatives on November 2, 2017 introduced a bill that takes a novel approach to promote...more
As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more
11/2/2017
/ Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Deportation ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Pay ,
FEHA ,
Form I-9 ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Job Applicants ,
LGBTQ ,
Local Ordinance ,
New Legislation ,
Parental Leave ,
Pay Equity Laws ,
Popular ,
Proposed Legislation ,
Protected Class ,
Raids ,
Rape ,
Restroom Legislation ,
Salary/Wage History ,
Sexual Assault ,
Sexual Orientation Discrimination ,
Sick Leave ,
State and Local Government ,
Transgender ,
Wage and Hour
On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more
7/14/2017
/ Browning-Ferris Industries of California Inc. ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Small Business
Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more
7/11/2017
/ Administrative Appointments ,
Affordable Care Act ,
Beryllium Exposure ,
Best Interest Contract Exemptions ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Rule ,
Health Insurance ,
Healthcare Reform ,
Individual Mandate ,
Investment Adviser ,
LMRDA ,
NLRB ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Persuader Rules ,
Popular ,
Proposed Legislation ,
Repeal ,
Trump Administration ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more
6/8/2017
/ Administrative Authority ,
Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Federal Labor Laws ,
Fiduciary Rule ,
Healthcare Reform ,
Minimum Wage ,
OFCCP ,
On-Demand Services ,
OSHA ,
Paid Leave ,
Proposed Legislation ,
Regulatory Reform ,
Trump Administration ,
Wage and Hour ,
Work Schedules
In a three-sentence press release, Labor Secretary Alexander Acosta announced the withdrawal of two Wage and Hour Administrator's Interpretations (AIs) on joint employment and independent contractors. While the AIs were not...more
As we turn the calendar to April, state legislatures are starting to hit their stride. Bills introduced earlier this year continue to advance, with more than 400 labor and employment-related measures remaining under...more
4/4/2017
/ Anti-Discrimination Policies ,
Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Equal Pay ,
Joint Employers ,
Legislative Agendas ,
Minimum Wage ,
Pay Gap ,
Preemption ,
Wage and Hour ,
Work Schedules
As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more
2/6/2017
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Mandatory Arbitration Clauses ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Opt-Outs ,
Protected Concerted Activity
President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more
12/9/2016
/ Administrative Appointments ,
Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Nominations ,
Restaurant Industry ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions