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
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?
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
Written by Christie Del Rey-Cone and Thea Rogers It may surprise California-centric employers to learn that up until the final days of 2022, Federal law seldom required employers to provide reasonable accommodations to individuals with known pregnancy-related limitations, and millions of nursing mothers had no guaranteed right to lactation breaks during working hours. On December 29, 2022, President Biden signed two laws that finally changed … Continue reading New Federal Workplace Protections for Pregnant and Nursing Employees, Reminiscent of…California Law?!
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!
Written by Jeremy Mittman and Celia Guzman As of January 1, 2023, Senate Bill 1044 prohibits California employers from taking or threatening adverse action against an employee for refusing to report to, or leaving, the workplace due to a “reasonable belief”that the workplace is unsafe due to an “emergency condition.” Here’s what you need to know: 1. Emergency Condition. An emergency condition is defined to … Continue reading California Employers Prohibited from Taking Adverse Action Against Employees during “Emergency Conditions”
Written by Jeremy Mittman and Kyle DeCamp California Governor Gavin Newson has approved and signed Assembly Bill (AB) 1949, an amendment to the California Family Rights Act (CFRA) that will take effect on January 1, 2023. AB 1949 now requires covered California employers to provide eligible employees with 5 days of unpaid bereavement leave for the death of a qualifying family member. This bereavement leave … Continue reading California Employers Required to Provide Bereavement Leave to Employees
Written by Anthony Amendola and Eric Engelman As has become standard practice in our increasingly polarized nation, on October 3, the National Labor Relations Board (“NLRB”) again changed course on an issue of importance to labor and management. In Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 371 NLRB No. 160 (2022), the NLRB ruled that employers must now continue to honor dues … Continue reading NLRB Rules that Dues Deductions Continue After a Collective Bargaining Agreement’s Expiration
Written by Jeremy Mittman and Gabriel Hemphill On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (“AB”) 152 into law. AB 152 was signed immediately before the expiration of its predecessor, Senate Bill (“SB”) 114 (which we discussed here), which provided Covid-19 supplemental paid sick leave (“SPSL”) through September 30, 2022. Effective September 30, 2022, AB 152 extends the obligations and entitlements of … Continue reading California’s COVID-19 Supplemental Paid Sick Leave Extended Through 2022
Written by Jeremy Mittman and Corey Singer California employers will be prohibited from firing its workers who use marijuana off the job starting January 1, 2024 thanks to a bill that California Governor Gavin Newsom signed into law last month. Recreational marijuana use has been legal in California since 2016 when a majority of voters approved it. In many circumstances, however, California employers can still … Continue reading California Will Prohibit Employers From Discriminating Against Off-site Marijuana Use