The Los Angeles County Fair Chance Ordinance for Employers (FCOE), which took effect on September 3, 2024, imposes several new compliance requirements regarding the consideration of criminal history in employment decisions....more
On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as...more
Historically, a common tactic used by employees to evade mandatory arbitration is to claim they do not recall signing an arbitration agreement bearing their signature. In a 2021 case, Gamboa v. Northeast Community Clinic, the...more
On September 29, 2022, Governor Gavin Newsom signed AB 1949 into law, making it unlawful for employers with five or more employees to deny an employee’s request to take up to five days of unpaid bereavement leave upon the...more
On April 21, 2022, California’s Occupational Safety and Health Standards Board, the standard-setting body of California’s Occupational Safety and Health Administration (Cal/OSHA), once again revised the COVID-19 Emergency...more
Which is the applicable evidentiary standard for whistleblower retaliation claims brought under section 1102.5 of California’s Labor Code: The familiar McDonnell Douglas framework or the more employee-friendly framework set...more
On March 31, 2021, New York joined 15 other states (including New Jersey) that have legalized marijuana for recreational use when Gov. Andrew Cuomo signed the New York State Marijuana Regulation and Taxation Act (MRTA). ...more
5/18/2021
/ Cannabis Products ,
Compliance ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Governor Cuomo ,
Marijuana ,
Marijuana Regulation & Taxation Act (MRTA) ,
Medical Marijuana ,
New York ,
Recreational Use ,
State and Local Government
Since its introduction on September 18, 2019, Assembly Bill 5 (AB 5) has caused confusion and controversy, and has sparked fervent opposition across California, as it codifies the common law “ABC Test” used for determining...more
With the COVID-19 curve flattening, employers around the country are preparing to resume business operations and bring employees back to the workplace. Of the many unique challenges employers face in the wake of the novel...more
The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump...more
2/4/2020
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Trump Administration ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (NLRB) has once again weighed in on the proverbial employee-independent contractor issue, this time by way of its General Counsel. On April 16, 2019, the General Counsel’s office issued an...more
6/11/2019
/ ABC Test ,
Employer Liability Issues ,
Entrepreneurs ,
Franchisee ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Uber ,
Wage and Hour