Mandatory Arbitration Is On the Ropes Again In California

Ninth Circuit Partially Upholds AB-51’s Attack on Mandatory Arbitration Written by Stephen Rossi and Teresa Greider California’s “AB-51” is a controversial law that limits employers’ ability to enter into arbitration agreements with employees, and provides possible civil and criminal penalties for employers that make arbitration agreements a mandatory condition of employment. In February 2020, a District Court in California issued a preliminary injunction barring the … Continue reading Mandatory Arbitration Is On the Ropes Again In California

California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

Written by Jeremy Mittman Employers can breathe a bit easier when considering whether or not to adopt a mandatory vaccination policy to apply to their workforces. On August 23, 2021, the Food and Drug Administration (FDA) granted the Pfizer COVID-19 vaccine full approval, elevating it from its previous Emergency Use Authorization (“EUA”) status. As most know by now, the Pfizer vaccine is the first of … Continue reading FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided.  In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

Written by Jeremy Mittman & Thea Rogers Last Friday, June 17, Governor Newsom signed the Cal-OSHA Safety and Health Standards Board’s revisions to its Emergency Temporary Standards (“ETS”) into immediate effect (Executive Order linked here), thereby more closely aligning Cal-OSHA COVID-19 face covering and physical distancing standards with the California Department of Public Health (“CDPH”) and Centers for Disease Control (“CDC”) recommendations.  Although Governor Newsom … Continue reading Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate

Written by Jeremy Mittman and Stephen Franz As a handful of employees across the country have filed lawsuits challenging workplace COVID-19 vaccination mandates, many employers have been left to grapple with whether they can implement a mandatory COVID-19 vaccine policy as a condition of employment.  At least according to one Texas federal district court, the answer is yes.   Judge Hughes of the United States … Continue reading Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate

California Mask Requirement for Workplaces To Continue Through Summer (And More!), CAL-OSHA Says

Written by Jeremy Mittman and Thea Rogers [UPDATE]:  As we reported below, Cal-OSHA’s Standards Board recently proposed a series of controversial amendments to CAL-OSHA’s COVID-19 Emergency Temporary Standards, which included face covering and social distancing requirements that many critics considered unnecessarily onerous in light of recent California Department of Public Health and CDC guidance.  Yesterday, the Board withdrew these proposed amendments.  While it is unconfirmed … Continue reading California Mask Requirement for Workplaces To Continue Through Summer (And More!), CAL-OSHA Says

Is Your Computer System Safe from Internal Misuse?

Written by Susan Kohn Ross and Stephen C. Franz On June 3, 2021, the U.S. Supreme Court issued its decision in Van Buren v. U.S., No. 19-783. The issue for the Court was relatively straight forward – did a police officer with authorized access to his department’s license-plate database exceed his authorized access when he was given money to run a license plate and shared the results … Continue reading Is Your Computer System Safe from Internal Misuse?

The NLRB Approves Confidentiality Rule with Regard to an Ongoing Employer Investigation

Written by Jeremy Mittman and Justine Wallace Can an employer ask employees to keep interviews conducted in the context of a workplace investigation confidential?  Yes, says the NLRB, in a helpful ruling for employers– that applies to both unionized and non-unionized workplaces. A majority 2-1 decision by the National Labor Relations Board (the “Board”) held that an employer did not violate federal law after instructing … Continue reading The NLRB Approves Confidentiality Rule with Regard to an Ongoing Employer Investigation