Tag: Labor & Employment

Labor & Employment

With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

Written by Jeremy Mittman and Thea Rogers Earlier this month, Cal-OSHA released a model workplace violence prevention plan for employers (in non-health care settings) to use as a customizable template when preparing their own workplace-specific plans.  That same day, the state agency also released a “fact sheet” providing California employers (also in non-health care settings) with an overview of how to create a compliant workplace … Continue reading With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

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Labor & Employment

It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

Written by Jonathan Turner and Eric Engelman The New NLRB Joint Employer Test The National Labor Relations Board (“NLRB”) recently unveiled a final rule creating a new joint employer test under the National Labor Relations Act (“NLRA”). The new rule creates a lower threshold to make it easier for two or more employers to be considered “joint employers” under the NLRA. This is the latest … Continue reading It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

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Labor & Employment

California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

Written by Gary McLaughlin and Sandra Hanian While California has long prohibited noncompete agreements (subject to narrow exceptions), two California bills recently signed into law expand the scope of the State’s policy against these restrictive covenants.  On September 1, 2023 and October 13, 2023, Governor Gavin Newsom signed Senate Bill 699 and Assembly Bill 1076, respectively, two new laws that strengthen the State’s prohibition on noncompetes … Continue reading California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

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Labor & Employment

California Enacts New Employee Reproductive Loss Leave Law For 2024

Written by Jeremy Mittman and Thea E. Rogers California Governor Newsom recently signed into law a new law allowing for “reproductive loss leave” (SB 848) which will permit eligible employees to take up to five days of unpaid leave following a “reproductive loss event.”  SB 848 becomes effective on January 1, 2024.   Overview of the California’s Newest Leave Law Given that the law was … Continue reading California Enacts New Employee Reproductive Loss Leave Law For 2024

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Labor & Employment

PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

Written by Gary McLaughlin and Kyle DeCamp On July 17, 2023, the California Supreme Court broke from the United States Supreme Court by deciding in Adolph v. Uber Technologies that a plaintiff in a Private Attorneys General Act (“PAGA”) action whose own individual claims are compelled to arbitration nonetheless retains standing to pursue representative PAGA claims in court. In Adolph, the plaintiff, Erik Adolph, worked … Continue reading PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

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Labor & Employment

Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

Written by Jeremy Mittman In a recent decision, the Ninth Circuit Court of Appeals addressed the issue of music-as-harassment in the workplace. The court recognized the impact of “sexually graphic, violently misogynistic music” in creating a hostile work environment, ruling that it could be grounds for a Title VII claim. The court’s ruling emphasizes the importance of addressing offensive conduct and provides guidance for employers … Continue reading Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

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Labor & Employment

The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

Written by Jonathan Turner and William S. Lisa The Supreme Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters may provide employers with an additional avenue of recourse when dealing with strikers engaging in unlawful behavior not specifically prohibited by the National Labor Relations Act (the “NLRA” or the “Act”).  In a decision joined by five Justices, and a judgment … Continue reading The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

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Immigration, Labor & Employment

Florida to Require E-Verify for Employers With 25 or More Employees in the State

Written by Alina Charniauskaya-Mehta and Jason A. Farkas Beginning July 1, 2023, employers with 25 or more employees in Florida will be required to use E-Verify to confirm the employment eligibility of new hires, pursuant to Florida Senate Bill (SB) 1718, the new law signed by Governor Ron DeSantis on May 10. Independent contractors – as defined in federal laws or regulations – do not … Continue reading Florida to Require E-Verify for Employers With 25 or More Employees in the State

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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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Labor & Employment

Are highly compensated executives still entitled to overtime pay under the FLSA? 

Yes, if the employer is not careful when structuring the pay arrangements. Written by Jonathan Turner and Gabriel Hemphill Employers under the Fair Labor Standards Act (“FLSA”) need to be aware of how to structure “salary” compensation arrangements with persons they are employing in an “executive” capacity to manage all or part of the employer’s business; otherwise, employers may find themselves subject to claims that … Continue reading Are highly compensated executives still entitled to overtime pay under the FLSA? 

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