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

H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

Written by Stephen Blaker On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its cap lottery selection of H-1B registrations for the fiscal year (FY) 2022. Employers submitted 308,613 registrations for selection in the cap lottery, of which USCIS selected 87,500 cases, or 28% of the total number of registrations. This is a significant decrease from the FY 2021 … Continue reading H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

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

No “Fees or Forms” Required for Inclusion of Native American Tribal Insignias in USPTO Database

Written by Alesha M. Dominique and Lindsay R. Edelstein The U.S. Patent and Trademark Office (USPTO) tribal insignia trademark program allows Native American tribes to include tribal insignias in the USPTO’s database at no charge.  The USPTO’s waiver of application fees is intended to foster adequate protections for Native American tribes’ intellectual property and cultural heritage. The tribal insignia database has been a component of … Continue reading No “Fees or Forms” Required for Inclusion of Native American Tribal Insignias in USPTO Database

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