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

The NLRB Approves Non-Disparagement, Non-Solicitation, and Email Workplace Rules

Written by Jeremy Mittman and Louise Truong The National Labor Relations Board (the “Board”) frequently evaluates employer policies regarding whether they violate employees’ rights to unionize under Section 7 of the National Labor Relations Act (“NLRA”).  As such, it is essential for employers, including those who do not have union employees, to consider the Board’s decisions when drafting and reviewing their policies and handbooks.  Recently, … Continue reading The NLRB Approves Non-Disparagement, Non-Solicitation, and Email Workplace Rules

Employers Begin to Grapple with the Risks of Mandatory COVID-19 Vaccination Policies

Written by Jeremy Mittman and Shanda Lowe As expected, the first batch of lawsuits challenging COVID-19 vaccine mandates are popping up across the country—a possibility that we noted in an earlier post on this subject. So far, at least two federal lawsuits have been filed based on the fact that the COVID-19 vaccines currently in use are only available under an Emergency Use Authorization (“EUA”) … Continue reading Employers Begin to Grapple with the Risks of Mandatory COVID-19 Vaccination Policies

IT’S BACK! MOST CALIFORNIA EMPLOYERS NOW NEED TO PROVIDE SUPPLEMENTAL COVID-19 SICK LEAVE

Written by Jeremy Mittman and Thea Rogers On March 18, 2021, the California Senate voted to approve Senate Bill 95, thereby extending the previous COVID-19 supplemental paid sick leave law that expired on December 31, 2020. Governor Newsom signed the law into immediate effect on March 19; it applies retroactively to January 1, 2021, the obligation to provide the leave begins on March 29 (ten … Continue reading IT’S BACK! MOST CALIFORNIA EMPLOYERS NOW NEED TO PROVIDE SUPPLEMENTAL COVID-19 SICK LEAVE

Mandatory COVID-19 Vaccination Policies Could Carry Risks In Light of FDA Authorization Status

Writtten by Jeremy Mittman and Shanda Lowe A year after many businesses in the United States were forced to reduce or shut down operations because of the COVID-19 pandemic, the availability of multiple vaccines is giving hope that a return to “normal” is finally on the horizon. Although most employers have not adopted a mandatory vaccination policy (and to do so now would likely be … Continue reading Mandatory COVID-19 Vaccination Policies Could Carry Risks In Light of FDA Authorization Status

Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer

Written by Jeremy Mittman and Daniel Innamorati A federal judge in the Northern District of California tossed a lawsuit by the wife of an employee who allegedly contracted COVID-19 at work and transmitted the virus to her, finding that the wife’s claims are preempted by California’s worker’s compensation law.   Mrs. Corby Kuciemba claimed she contracted COVID-19 after her husband, a Victory Woodworks Inc. employee, … Continue reading Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer

(Don’t) Roundup: California Supreme Court Provides Meal Period Guidance to Employers

Written by Jeremy Mittman and Stephen Franz On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC issued two holdings clarifying employers’ duties to provide 30-minute meal periods to employees: (1) employers cannot round employees’ time in the meal period context; and (2) employers’ time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. In Donohue, the … Continue reading (Don’t) Roundup: California Supreme Court Provides Meal Period Guidance to Employers

California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

Written by Jeremy Mittman and Hilary Feybush On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchising, Inc., 2021 WL 127201 (Cal. Jan 14, 2021) held that its landmark April 2018 Dynamex decision for determining independent contractor status applies retroactively. This question was posed to the California Supreme Court by the Ninth Circuit after it withdrew its May 2019 holding that the Dynamex test applied retroactively. … Continue reading California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

FFCRA, We Hardly Knew Thee: Federal (and State) Paid COVID-19 Leave Laws Expire at Year’s End

Written by Jeremy Mittman and Stephen C. Franz On December 21, 2020, Congress passed the Coronavirus Response and Relief Supplemental Appropriations Act as a follow-up to the April 2020 Families First Coronavirus Response Act (“FFCRA”).  While President Trump has not yet signed the approximately $900 Billion measure, the new bill contains at least one provision that will be of particular interest to employers. Significantly, the new bill … Continue reading FFCRA, We Hardly Knew Thee: Federal (and State) Paid COVID-19 Leave Laws Expire at Year’s End

EEOC Issues Guidance on COVID-19 Vaccinations: Yes, Employers Can Require Them

Written by Jeremy Mittman and Thea Rogers On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued much anticipated guidance to employers regarding whether employers can mandate that their employees receive COVID-19 vaccinations.  The key takeaway from this guidance is that employers can require employees to receive the COVID-19 vaccination in order to return to the workplace.  Furthermore, neither the COVID-19 vaccination nor its administration … Continue reading EEOC Issues Guidance on COVID-19 Vaccinations: Yes, Employers Can Require Them