Walmart Dodges Claim for “Waiting Time Penalties” Under California Law In Helpful Independent Contractor Law Decision

Written by Jeremy Mittman In a case that may be helpful to California companies who engage models or actors for photoshoots, commercials, or advertisements, Walmart prevailed over a model’s California wage claims last week when the Ninth Circuit found in Hill v. Walmart, Inc. that the retailer had a “good faith belief”—and therefore a defense— that it appropriately classified her as an independent contractor. Background … Continue reading Walmart Dodges Claim for “Waiting Time Penalties” Under California Law In Helpful Independent Contractor Law Decision

Cal/OSHA Approves Third Adoption of COVID-19 ETS

Written by Jeremy Mittman and Gary McLaughlin On April 21, Cal/OSHA voted to approve the third adoption of the COVID-19 Emergency Temporary Standard (ETS), which will be effective May, 6, 2022 until December 31, 2022. Our blog posts on the previous versions of the ETS can be found here and here. Significant changes in the third adoption include:  Vaccination status definition removed. In the new … Continue reading Cal/OSHA Approves Third Adoption of COVID-19 ETS

President Biden Signs Law Weakening Pre-Dispute Arbitration Agreements by Allowing Employees to Opt Out of Arbitration of Claims Relating to Sexual Assault and Harassment

Written by Jeremy Mittman and Stephen Rossi On March 3, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFA SASHA”) which amends the Federal Arbitration Act (“FAA”) to effectively ban employers from enforcing pre-dispute agreements that require employees to arbitrate sexual assault or harassment claims. Effective immediately, the law allows employees alleging sexual assault or harassment to … Continue reading President Biden Signs Law Weakening Pre-Dispute Arbitration Agreements by Allowing Employees to Opt Out of Arbitration of Claims Relating to Sexual Assault and Harassment

Update: California Publishes COVID-19 Supplemental Paid Sick Leave FAQs

Written by Jeremy Mittman Last week, California’s Department of Industrial Relations released FAQs for the state’s recently enacted 2022 COVID-19 Supplemental Paid Sick Leave law. Highlighted below are several clarifying points from the FAQs. Read our general breakdown of the new law here. Definition of Quarantine or Isolation Period  The FAQs clarify that the guidelines that would apply to determine whether and for how long … Continue reading Update: California Publishes COVID-19 Supplemental Paid Sick Leave FAQs

Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

Written by Jeremy Mittman Last week, the California Supreme Court clarified the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. In its decision, the high court clarified that such claims should not be evaluated under the McDonnell Douglas test, but that the standard set forth in the more employee-friendly California Labor Code section 1102.6 should apply instead. Background In Lawson … Continue reading Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

New York City Enacts Pay Transparency Law

Written by Christie Del Rey-Cone Employers in the Big Apple will soon be required to be more transparent about a position’s salary range, following a recent slew of pay transparency legislation nationwide. Effective May 14, 2022, employers must include the minimum and maximum salary range when advertising a job, promotion, or transfer opportunity located within New York City.  Requirements The new law amends the New … Continue reading New York City Enacts Pay Transparency Law

The Potential for Viable Whistleblowing Claims Is About To Become Larger and Louder In New York

Written by Christie Del Rey-Cone Historically, New York Labor Law Section 740 provided rather narrow protections for employees of private employers who engaged in potential whistleblower activities. However, at the end of 2021, Governor Kathy Hochul signed legislation that significantly broadened the scope of individuals and activities covered by Section 740 and those changes become effective on January 26, 2022. Employers must now take even … Continue reading The Potential for Viable Whistleblowing Claims Is About To Become Larger and Louder In New York

New Masking Mandate for Los Angeles Employers

Written by Jeremy Mittman Last week, the Los Angeles County Department of Public Health issued a new order amid the rapid spread of the omicron COVID-19 variant. Notably, under the new order employers are required to provide medical-grade masks to their employees who work indoors and in close contact with others as soon as possible, but no later than January 17, 2022. The new rule … Continue reading New Masking Mandate for Los Angeles Employers

California Court rules Employer Can be Sued By Employee for COVID-19 Death of Her Husband

Written by Jeremy Mittman and Daniel Innamorati The California Second District Court of Appeals affirmed a trial court’s ruling allowing a lawsuit to proceed against See’s Candies alleging that insufficient safety protocols led to a worker contracting COVID-19, transmitting it to her husband, and causing her husband’s death.  In allowing the case to go forward, the Second District ruled that the California Workers’ Compensation Act … Continue reading California Court rules Employer Can be Sued By Employee for COVID-19 Death of Her Husband

OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

Written by Gary McLaughlin and Eric Engelman On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued its long-awaited COVID-19 vaccination rule for private employers. The OSHA COVID-19 vaccination and testing emergency temporary standard (“ETS”) applies to all employers with 100 or more employees, and requires that employees be fully vaccinated for COVID-19, or comply with testing and face covering requirements.  The ETS … Continue reading OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees