In 2004, California enacted the Private Attorneys’ General Act (PAGA), a first-in-the-nation mechanism to expand the enforcement of the state’s robust Labor Code protections for employees. Proponents of PAGA celebrated its...more
A strong correlation exists between a multinational company’s Diversity, Equity & Inclusion (DEI) efforts and the company’s financial performance. Racial equity audits often are utilized to measure the precise quality and...more
In June 2022, we reported on the Viking River case, in which the U.S. Supreme Court addressed the question of whether claims brought under the California Private Attorney General Act (PAGA) could be compelled to arbitration...more
As we updated our readers last week, the National Labor Relations Board (NLRB or the “Board”) ended 2022 with a series of decisions that will impact employers going into 2023 and beyond.
Among those decisions was strong...more
The Ninth Circuit recently reviewed a district court’s handling of a class action involving claims of employment misclassification. Bowerman v. Field Asset Services, Inc. is instructive for at least two reasons: It provides...more
Today, the United States Supreme Court issued its highly anticipated decision in Viking River Cruises v. Moriana, which decided whether the Federal Arbitration Act (FAA) preempts California’s rule invalidating arbitration...more
Does your company have an incident response plan in case your personnel related digital and cloud based platforms are shut down? Federal and state laws require companies to maintain compliance with personnel related...more
On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or...more
11/23/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing
On August 5, 2021, the California Department of Public Health (“CDPH”) became the first state to issue an order that requires COVID-19 vaccinations for health care workers, allowing only for certain religious or medical...more
8/9/2021
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Workers ,
Regulatory Mandates ,
State and Local Government ,
Vaccinations ,
Written Communications
The practice of “rounding” time punches—adjusting the hours that an employee has actually worked to the nearest preset time increment—is generally lawful where it does not result in, over time, undercompensating employees for...more