Tag: Labor

Labor & Employment

PAGA: The Next Generation: Recently Published FAQs Clarify New Legislative Changes

Written by Jeremy Mittman and Wei Kit (Ricky) Tai With the recent legislative reform to the California Private Attorneys General Act (“PAGA”), the California Department of Industrial Relations (“DIR”) has published a set of helpful Frequently Asked Questions (“FAQs) breaking down some of the key changes to the law for employers.   The pertinent changes noted in the FAQs include: While the FAQs do not … Continue reading PAGA: The Next Generation: Recently Published FAQs Clarify New Legislative Changes

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Labor & Employment

New California Law Imposes Requirements on Contracts with Freelance Workers

Written by Jeremy Mittman and Matt J. Mardesich As readers of this blog are likely aware, California generally uses a three-part test, known as the ABC test, to determine whether workers are classified as employees or independent contractors under the Wage Orders and California Labor Code. However, a notable exception exists for contracts for “professional services” as defined by Labor Code Section 2778, and assuming a multi-part … Continue reading New California Law Imposes Requirements on Contracts with Freelance Workers

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Labor & Employment

Recent California Law Clarifies Loan-Out Companies Are Lawful 

Written by Anthony J. Amendola and Matt J. Mardesich Many artists in the motion picture industry choose to provide their services through personal services corporations or similar entities generally known as “loan-out” companies.  When a recipient of the talent’s services (e.g., a producer or other industry employer) engages talent in this manner, the “loan-out” company serves as the artist’s “general” (on-going) employer and “lends” the … Continue reading Recent California Law Clarifies Loan-Out Companies Are Lawful 

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Labor & Employment

California Eliminates Employers’ Ability to Require Employees to Take Vacation Before Receiving Paid Family Leave Benefits

Written by Jeremy Mittman and Diana M. Martinez On September 29, 2024, Governor Gavin Newsom signed into law AB 2123 to change California’s state sponsored paid family leave (PFL) program.  As part of the PFL program, eligible employees receive wage replacement benefits while taking time off for several reasons such as taking care of a seriously ill family member or bonding with a minor child … Continue reading California Eliminates Employers’ Ability to Require Employees to Take Vacation Before Receiving Paid Family Leave Benefits

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Labor & Employment

New Considerations for Employers Committed to DEI Initiatives

Written by Louise Truong and Ricky Tai The current state of Diversity, Equity, and Inclusion (DEI) initiatives is at a critical juncture. Recent court decisions and policy changes have presented significant challenges to ongoing DEI efforts across industries and sectors.  How to implement DEI initiatives moving forward in this new landscape will require a thoughtful approach.  In recent years, there has been an uptick in … Continue reading New Considerations for Employers Committed to DEI Initiatives

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Labor & Employment

SCOTUS’s Curbing of Federal Agency Actions – A Tool to Place Guardrails on the NLRB’s Recent Policies to Expand its Reach under the NLRA

Written by Jonathan Turner and Eric Engelman On June 27 and 28, 2024, the Supreme Court of the United States issued two separate opinions that have placed judicial restraints on the scope of powers exercised by federal agencies to interpret and enforce statutes they are charged to administer.  In its opinion in Loper Bright Enterprises v. Raimondo, the Court ended four decades of deference to … Continue reading SCOTUS’s Curbing of Federal Agency Actions – A Tool to Place Guardrails on the NLRB’s Recent Policies to Expand its Reach under the NLRA

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Labor & Employment

FTC’s Non-Compete Ban Faces Challenge in Texas Lawsuit As Enforcement is Put On Hold

Written by Jeremy Mittman Earlier this month, a federal judge in Texas issued a preliminary order against the Federal Trade Commission’s ban on non-compete agreements. Judge Ada Brown ruled in favor of Ryan LLC, a tax-services firm operating out of Dallas which utilizes non-compete agreements with its employees. Ryan LLC argued that the Federal Trade Commission (“FTC”) was overstepping its legal authority by attempting to … Continue reading FTC’s Non-Compete Ban Faces Challenge in Texas Lawsuit As Enforcement is Put On Hold

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Labor & Employment

Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

Written by Jonathan Turner and Eric D. Engelman In a closely watched case, the Supreme Court ruled against the National Labor Relations Board (“NLRB” or Board) and in favor of Starbucks on the question of what the NLRB must prove before it can obtain a preliminary injunction against employers prior to fully litigating allegations contained in an unfair labor practice complaint issued by the NLRB.  … Continue reading Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

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Labor & Employment

PAGA: The Next Generation, Now In Wide Release for California Employers! 

Written by Jeremy Mittman and Ricky Tai It’s not very often that California enacts a labor law that is actually favorable to employers— but that very occasion happened this week, setting off early celebratory fireworks for California businesses.  On July 1, 2024, Governor Newsom signed into law significant reforms to the Private Attorneys General Act (“PAGA”), introduced under Assembly Bill 2288 and Senate Bill 92.  … Continue reading PAGA: The Next Generation, Now In Wide Release for California Employers! 

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Labor & Employment

EEOC Releases Guidance on Harassment in the Workplace Addressing Timely Topics

Written by Jeremy Mittman, Thea Rogers and Ricky Tai The U.S. Equal Employment Opportunity Commission (the “EEOC”) has recently released its final workplace harassment enforcement guidance, the “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). Employers should review their workplace anti-harassment policies and training in light of the recently issued Guidance, as well as the accompanying trio of companion documents (a key provisions summary, … Continue reading EEOC Releases Guidance on Harassment in the Workplace Addressing Timely Topics

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