On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19,...more
The new California employment-related laws that came out of the 2023 legislative session address a number of issues that will affect many employers. Leave (paid family leave, sick leave, and reproductive loss leave),...more
On May 1, 2023, the Biden administration announced that it will end the COVID-19 vaccine requirement for federal contractors on May 11, 2023—which is the day that the COVID-19 public health emergency will end....more
On February 16, 2023, California Assembly Member Wendy Carrillo, along with Senator Newman and Assembly Member Haney introduced Senate Bill (SB) 686, which, if passed, would increase the health and safety protections of...more
In honor of Women’s History Month, we asked New York shareholder Diana Nehro, the newest member of the firm’s board of directors and chair of Ogletree Deakins’ Cross-Border Practice Group, a few questions about her...more
In honor of Women’s History Month, we asked New York shareholder Diana Nehro, the newest member of the firm’s board of directors and chair of Ogletree Deakins’ Cross-Border Practice Group, a few questions about her...more
In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more
12/27/2022
/ Collective Bargaining ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Joint Employers ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unions
On Sunday, November 6, 2022, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon...more
On March 31, 2022, the Supreme Court of the United States issued a decision in Badgerow v. Walters, No 20-1143, addressing when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration...more
On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act, making June 19 a legal public holiday. Juneteenth is the day that commemorates the emancipation of enslaved African Americans in the...more
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
New OFCCP Director. Jenny Yang, formerly of the U.S. Equal Employment Opportunity...more
Despite a global pandemic, the Office of Federal Contract Compliance Programs (OFCCP) kept an unrelenting pace of activity in 2020. Below are the highlights from the year, and a summary of what federal contractors and...more
2/1/2021
/ Affirmative Action ,
Compliance ,
Conciliation ,
Coronavirus/COVID-19 ,
CSALs ,
Department of Veterans Affairs ,
Disability ,
Federal Contractors ,
Non-Discrimination Rules ,
OFCCP ,
Pay Data ,
Race Relations ,
Reporting Requirements ,
Sexual Stereotyping ,
TRICARE ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
According to the Office of Federal Contract Compliance website’s leadership team page, Jenny Yang has replaced Craig Leen as director of the agency. Yang previously served on the U.S. Equal Employment Opportunity Commission...more
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
New Religious Exemption Final Rule. OFCCP recently finalized a rule to “clarify the...more
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
OFCCP Issues New FAQ on Counting Non-Binary Employees -
OFCCP recently answered a new...more
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
Results of Early Resolution Procedures -
On June 29, 2020, OFCCP announced that its...more
On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender. Justice Neil...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Under the president’s new budget, certain federal contractors would not be required to submit a VETS-4212 report in the year following receipt of a HIRE Vets Medallion Award.
Currently, federal contractors and...more
On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree...more
1/17/2020
/ ABC Test ,
Commercial Truck Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Injunctive Relief ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trade Associations ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
On January 13, 2020, U.S. District Court Judge Roger T. Benitez left in place a temporary restraining order (TRO) enjoining the enforcement of California’s Assembly Bill (AB) 5 as to motor carriers operating in California....more
1/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
TRO ,
Trucking Industry
With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more
1/3/2020
/ ADEA ,
Baby Boomers ,
Canada ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Federal Labor Laws ,
FEHA ,
Fluctuating Workweek ,
Food Service Workers ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Joint Employers ,
Labor Regulations ,
Leave of Absence ,
Legislative Agendas ,
Mobile Apps ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Pending Legislation ,
Piece-Rate Pay ,
Public Health ,
Reasonable Accommodation ,
Restaurant Industry ,
Restrictive Covenants ,
Right of First Refusal ,
State and Local Government ,
State Labor Laws ,
Tax Liability ,
Tax Planning ,
Tip Credit ,
Tipped Employees ,
Tips ,
USCIS ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Violence
As discussed in our prior article, California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. Specifically, this new law purports to bar...more
1/2/2020
/ Arbitration ,
Chamber of Commerce ,
Criminal Penalties ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
TRO
On September 30, 2019, Governor Gavin Newsom signed California legislation - Senate Bill (SB) 206 - that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names,...more
11/11/2019
/ Antitrust Provisions ,
Colleges ,
Compensation ,
Constitutional Challenges ,
Endorsements ,
Governor Newsom ,
Name and Likeness ,
NCAA ,
New Legislation ,
Pay-To-Play ,
Sherman Act ,
Sponsorship Agreements ,
Student Athletes ,
Universities ,
Wage-Fixing
The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions
The Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical...more
10/9/2019
/ Age Discrimination ,
Civil Rights Act ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
LGBTQ ,
Limitation Periods ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender