Muddy Waters is how you want your blues, not how you want your laws. A federal district judge in New York yesterday kicked up a lot of mud in an area of the law that had finally seen some clarity – the definition of “joint...more
Employees showing support for social justice movements are starting to wear their advocacy positions on their sleeve – or on their face coverings or t-shirts. Who gets to decide what is offensive and what is not, and how...more
“To be or not to be” are the opening words of a soliloquy by Prince Hamlet. With that, I have exhausted what I remember about Shakespearean plays without consulting Wikipedia. Having consulted Wikipedia, I can confirm that...more
On March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is intended to...more
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”)....more
“Be careful as you go down the stairs, officer. An alligator lives in my basement.” Police in Madison Township, Ohio, last week found a 5-foot gator penned in the basement of a family home. ...more
When outside forces pose a threat to people’s livelihood, people will go to great lengths to fight back....more
This week’s post is Family Feud Style. Name Three Things That Sound Like They Would Be “Joint Employment” But Are Not:
1. Long-haired, easy-going product tester at the local wacky tobacky dispensary....more
For years, state governments have claimed they were losing hundreds of millions of dollars in unpaid withholdings as a result of independent contractor misclassification....more
The Law -
On September 19, 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The law takes effect January 1, 2020, although some provisions may be applied retroactively.
...more
On May 2, the Ninth Circuit expanded the application of the “ABC” test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court....more
Sometimes it’s obvious what something is, and you don’t need a label. Other times it’s not so obvious, and you do need a label. Then there’s the rare instance when it’s obvious what something is, but someone feels compelled...more
Check your background check disclosure forms. Now.
The Ninth Circuit has now declared that background check disclosure forms that include state law disclosures are illegal. Gilberg v. California Check Cashing Stores, LLC,...more
Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes...more
Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some generic processed meat flavor.
On June 7, 2017, the Department of Labor...more
Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its , the city joins San Francisco, New York, Chicago, and about two dozen...more
Companies cannot prohibit their former employees from collecting whistleblower awards, says the DOL in a recently released memo. Moreover, even asking employees to disclaim any knowledge of any legal violations by the...more
Public companies should revisit their template severance agreements, in light of two recent orders by the Securities and Exchange Commission (SEC). Standard severance clauses covering (1) confidential information and (2)...more
Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But...more
When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going.
The Wage and Hour Division needs no map to find where it...more
The use of nonemployee workers is more prevalent than ever, and challenges to these relationships are growing just as rapidly. Entire business models are at stake.
The Internal Revenue Service (IRS), the Department of...more
Oregon became the seventh state to ban the box for private employers, prohibiting any questions about criminal background on employment applications and at any time before an initial interview takes place. Oregon’s law took...more
Quick quiz: Which of the following statements by an employer is illegal in Philadelphia? (A) I would never hire a vegetarian. (B) No ugly people will be hired here. (C) I hate dyed hair. If the carpet doesn’t match the...more