The rollout of the Pfizer and Moderna vaccines in the United States has triggered extensive discussion around the law concerning mandatory vaccine policies in the workplace. This discussion will almost certainly evolve over...more
12/28/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Moderna Inc. ,
New Guidance ,
OSHA ,
Pfizer ,
Quarantine ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Vaccinations ,
Virus Testing
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
As of July 3, 2020, San Francisco employers with 100 or more employees must offer a “right of reemployment” to certain employees who were or are laid off because of COVID-19 on or after February 25, 2020, prior to making any...more
Fenwick’s employment practices group has compiled the following checklist setting forth key considerations and emerging best practices that businesses should take into account when formulating a plan for employees’ return to...more
6/23/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Intellectual Property Protection ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Screening Procedures ,
Sick Employees ,
Workplace Decontamination
On June 15, 2020, the U.S. Supreme Court issued a landmark 6-3 decision in a trio of linked cases (Altitude Express v. Zarda, Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity...more
6/18/2020
/ 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
Fenwick’s employment practices group has compiled the following checklist setting forth key considerations and emerging best practices that businesses should take into account when formulating a plan for employees’ return to...more
San Jose and San Francisco are two of the latest California cities to adopt supplemental paid sick leave measures in response to COVID-19, joining Los Angeles, Emeryville and (it is expected) Oakland. Both ordinances fill...more
This week, federal, state and local governments issued broader and more strict shelter-in-place orders, expanded (in Los Angeles County) the covered employers who must provide paid sick leave, and provided additional guidance...more
In the last few days, federal, state and local governments have issued formal and informal guidance addressing family leave, paid sick leave, the California WARN Act and the state’s shelter-in-place orders to address the...more
3/31/2020
/ Cal-WARN ,
CARES Act ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Operators of Essential Services ,
Paid Family Leave Law ,
Shelter-In-Place ,
Sick Pay
On March 18, U.S. President Donald Trump signed the Families First Coronavirus Response Act (H.R. 6201) into law. The law is set to take effect no later than April 2 and will continue to December 31, 2020. The act compels...more
By way of Executive Order, California Governor Gavin Newsom suspended, until the end of the COVID-19 emergency, enforcement of the state’s WARN Act in connection with mass layoffs or shutdowns caused by COVID-19, and which...more
Arbitration Agreements: Potential for a Reprieve from AB 51 -
As we reported last year, the California Legislature passed AB 51 in an effort to prohibit employers from requiring employees to arbitrate claims under the...more
2/25/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Independent Contractors ,
New Legislation ,
Preliminary Injunctions ,
Security Checks ,
State Labor Laws ,
Wage and Hour
As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. We encourage employers with New York operations to review our prior guidance,...more
U.S. District Judge Kimberly Mueller, in Sacramento on December 30, 2019, issued a temporary restraining order (TRO) blocking the state of California from enforcing AB 51, and on January 10 extended the TRO until January 31,...more
1/16/2020
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employment Contract ,
Federal Arbitration Act ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State Labor Laws ,
TRO
In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more
1/8/2020
/ ABC Test ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Convertible Debt ,
Corporate Governance ,
Data Privacy ,
Debt Financing ,
Direct Listing ,
Diversity ,
Emerging Technology Companies ,
Employer Liability Issues ,
Foreign Tax Credits ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
IRS ,
Life Sciences ,
Misclassification ,
New Guidance ,
Pharmaceutical Industry ,
Privacy Laws ,
Proposed Regulation ,
Proxy Season ,
Silicon Valley ,
Startups ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Venture Capital ,
Withholding Tax ,
Woman Board Members
California Gov. Gavin Newsom on Oct. 10 signed into law Assembly Bill 51. The new law, which goes into effect on Jan. 1, 2020, outlaws forced arbitration of a significant majority of claims employees and former employees can...more
11/1/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Labor Code ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws ,
Supremacy Clause
California Governor Gavin Newsom on Sept. 18 signed into law Assembly Bill 5, landmark legislation which codifies, and significantly expands, the reach of the California Supreme Court’s restrictive “ABC” test for determining...more
9/19/2019
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
California Governor Gavin Newsom on Aug. 30 signed into law a bill that extends the deadline for small businesses (five or more employees) to conduct harassment prevention training for both supervisory and non-supervisory...more
Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider
Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video, Fenwick...more
There are many ways to run afoul of labor laws and spook your investors—one of the most common for startups is “creative” pay practices. In this video, Fenwick employment litigation partners Dan McCoy and Sheeva...more
New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more
8/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Attorney's Fees ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Protected Class ,
Punitive Damages ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
Washington is the latest state to shake up the non-competition landscape. Last month, Gov. Jay Inslee signed into law a bill that significantly limits post-employment/post-service non-compete agreements. Washington now joins...more
The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more
5/9/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Former Employee ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Wage and Hour ,
Wage Orders
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more
2/23/2018
/ Class Action ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Multi-Factor Test ,
Right to Control ,
Unpaid Overtime
In a continuing effort to combat pay discrimination, Governor Jerry Brown recently signed AB 168 into law. Beginning January 1, 2018, all California employers are prohibited from seeking, by any means, salary history from an...more
10/23/2017
/ Compensation & Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour