Tag: featured

Labor & Employment

The Fair Work Week Ordinance: What LA Retailers Need to Know

Written by Jeremy Mittman and Thea Rogers On April 1st, the Los Angeles City Fair Work Week Ordinance (“FWWO”), an employee-friendly law affecting mid-size and large retail businesses, takes effect.  The FWWO, which was passed by the Los Angeles City Council during the final days of 2022, is generally applicable to retailers (with over 300 employees globally) with nonexempt employees who work at least two … Continue reading The Fair Work Week Ordinance: What LA Retailers Need to Know

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International Trade, Regulatory

301 Judgment by CIT – Not Down for the Count – Yet!

Written by Susan Kohn Ross On Friday, March 17, 2023, the Court of International Trade issued its decision in the pending 301 litigation. That decision can be found here. The judges agreed the actions by the U.S. Trade Representative (“USTR”) were adequate and found the tariffs valid for the products on Lists 3 and 4. [Lists 1 and 2 were never challenged.] It is entirely … Continue reading 301 Judgment by CIT – Not Down for the Count – Yet!

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Labor & Employment

NLRB Calls Into Question Confidentiality and Non-Disparagement Provisions in Agreements with Employees

Written by Jeremy Mittman, Jonathan Turner and Kyle DeCamp On February 21, 2023, the National Labor Relations Board (the NLRB) issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), that will impact employers in both unionized and non-unionized workplaces.  The decision holds that employers violate the National Labor Relations Act (the NLRA) when they present employees with severance agreements that contain overly broad … Continue reading NLRB Calls Into Question Confidentiality and Non-Disparagement Provisions in Agreements with Employees

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Immigration

Pilot Program for Stateside Visa Renewals

Written by Deeba Fahami and Frida P. Glucoft For the first time in almost 20 years, the State Department (“DOS”) will launch a pilot program later this year offering visa renewal options in the US for H-1B and L-1 workers who are currently required to travel abroad. Background The DOS is the agency who has exclusive authority to issue visas. Currently, visas may be issued … Continue reading Pilot Program for Stateside Visa Renewals

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Labor & Employment

Mandatory Arbitration Is Off The Ropes in California!

Reversing Itself, Ninth Circuit Invalidates California’s Ban on Mandatory Employment Arbitration Agreements Written by Stephen Rossi In 2018, California passed a controversial law called AB-51 (now Labor Code Section 432.6) that prohibited California employers from requiring arbitration agreements as a condition of employment – on pain of jail time and civil penalties.  AB-51 was immediately challenged and preliminarily enjoined under the Federal Arbitration Act (“FAA”), … Continue reading Mandatory Arbitration Is Off The Ropes in California!

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Immigration

H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

Written by Lauren Hazday and Alina Charniauskaya Mehta Introduction: To obtain H-1B status for the first time, an employer or prospective employer of a foreign worker is required to go through the annual randomized H-1B lottery often referred to as “H-1B cap.” The H-1B lottery is run to meet the annual quota of 85,000 (20,000 reserved for U.S. advanced-degree holders and 65,000 for holders of … Continue reading H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

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Payroll & Employment Taxes, Trusts & Estates

Employee Expense Reimbursements Will be More Difficult After COVID-19

Written by Jeffrey D. Davine Termination of COVID-19 Emergency. The White House recently announced that the Presidentially declared disaster concerning the COVID-19 pandemic will be withdrawn as of May 11, 2023.  The effect of this withdrawal will make it more difficult for employers to reimburse employees for their work-from-home expenses. Declaration of National Emergency. On March 13, 2020, President Trump declared a nationwide emergency as a result … Continue reading Employee Expense Reimbursements Will be More Difficult After COVID-19

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Charitable Organizations, Trusts & Estates

New Opportunities for Charitable Gift Annuities

Written by Justin Farrell and David Wheeler Newman The Secure Act 2.0, signed by the President on December 29, opens new opportunities to fund charitable gifts with IRA distributions. The first change is to index for inflation the cap on qualified charitable distributions (QCDs) from IRAs to charity, which has been stuck at $100,000 since the “IRA rollover” was first introduced. (Indexing begins in 2024.) … Continue reading New Opportunities for Charitable Gift Annuities

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Labor & Employment

Will Non-Compete Clauses Be No-More?

Written by Christie Del Rey-Cone and Eric Engelman The Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking on January 5, 2023 that would prohibit employers from entering into, or enforcing, non-compete clauses with workers. The proposed rule would broadly cover all workers, regardless of whether the worker is an employee or independent contractor, or whether the worker is paid or unpaid. The FTC’s … Continue reading Will Non-Compete Clauses Be No-More?

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Labor & Employment

Guidance Regarding California Pay Scale Disclosure Requirements is Released

Written by Christie Del Rey-Cone and Thea Rogers On December 27, 2022, the California Labor Commissioner’s Office released FAQ guidance (the “Guidance”) on California’s new pay transparency law (the “California Pay Transparency Law”) pay scale disclosure requirements. The California Pay Transparency Law took effect on January 1, 2023 and was enacted via amendments to the state’s Equal Pay Act and Labor Code section 432.3. Unsurprisingly, … Continue reading Guidance Regarding California Pay Scale Disclosure Requirements is Released

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