In the latest Chapter of the continuing saga of whether the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts either California’s expanded Dynamex “ABC” test set forth in AB 5 or the recent statutory...more
12/7/2020
/ ABC Test ,
Appeals ,
Borello Test ,
CA Supreme Court ,
California ,
Dynamex ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Trucking Industry
Yesterday, the US Department of Labor’s Wage and Hour Division proposed a new rule designed to “bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards...more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B.
(Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more
9/15/2020
/ Administrative Procedure ,
Business Model ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
New York ,
SCOTUS ,
Staffing Agencies ,
Subcontractors ,
Supervisors
In a landmark ruling issued during Pride month, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibiting gender discrimination in employment, bars employers from discriminating against...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
After facing several hurdles, effective June 1, 2020, the National Labor Relations Board (NLRB) has finally implemented a host of changes to its rules and regulations governing representation elections.
The NLRB is the...more
Under the National Labor Relations Act, the National Labor Relations Board (NLRB) conducts secret ballot elections to determine whether or not employees in a unit wish to be represented by a union.
The Board’s official...more
During the current COVID-19 pandemic, one question for employers has been whether employees who contract COVID-19 may be able to recover workers’ compensation benefits. In California, a new Executive Order by Governor Newsom...more
On April 16, 2020, California Gov. Gavin Newsom issued Executive Order N-51-20 to provide California food sector workers, including agricultural workers, grocery workers, and food delivery workers, among others, supplemental...more
In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). That federal law required that employers with fewer than 500 employees provide paid leave for certain reasons related to the...more
4/24/2020
/ California ,
City of San Jose ,
Coronavirus/COVID-19 ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Public Health Emergency ,
Relief Measures ,
San Francisco ,
Shelter-In-Place ,
Sick Leave ,
Small Business ,
State and Local Government
Like some other states, California has its own state version of the federal Worker Adjustment and Retraining Notification (WARN) Act.
The Cal/WARN law applies more broadly, with some different provisions than the federal...more
On October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), which prohibits California employers from requiring prospective and current employees to “waive any right, forum, or...more
On October 10, 2019, Governor Newsom signed AB 51, codified as Labor Code section 432.6, which prohibits California employers from requiring an employee to sign an arbitration agreement “as a condition of employment,...more
The rise in gig economy workers in recent years has led to a steep increase in workers classified as independent contractors. Some employers, especially those concentrated in app-based spaces like ride-sharing, dog-walking...more
9/30/2019
/ ABC Test ,
Borello Test ,
Dynamex ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Industrial Commissions ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...more
9/18/2019
/ Bargaining Units ,
Boeing ,
Collective Bargaining ,
Community of Interest ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Obama Administration ,
Trump Administration ,
Unions
In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more
8/30/2019
/ Administrative Law Judge (ALJ) ,
Commercial Property Owners ,
Employee Rights ,
NLRA ,
NLRB ,
Off-Duty Employee Access ,
Off-Duty Employees ,
Private Property ,
Property Owners ,
Protected Activity ,
Reversal ,
Section 7 ,
Third-Party
The National Labor Relations Board recently issued a 113-page Notice of Proposed Rulemaking as the first of a planned series of revisions to its representation procedures under Section 9 of the National Labor Relations Act. ...more
8/21/2019
/ Comment Period ,
Construction Industry ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Unions