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Publications
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04.25.2024District of Arizona Evaluates Restrictive CovenantsUpdatesThe U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation of the company’s confidential information policy.
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04.25.2024US Department of Labor Increases Salary Threshold for Exempt EmployeesUpdatesThe U.S. Department of Labor issued a final rule on April 23, 2024, increasing the minimum salary and compensation thresholds for certain overtime exemptions under the Fair Labor Standards Act. The Final Rule has a stated effective date of July 1, 2024.
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03.29.2024Los Angeles County Adopts New Background Check Requirements for EmployersUpdatesLos Angeles County adopted a new Fair Chance Ordinance for Employers on February 27, 2024, which supplements California’s 2018 Fair Chance Act (located in California Government Code Section 12952 et. seq.). The Ordinance’s stated purpose is to “provide equitable protections for individuals with criminal history seeking opportunities for gainful employment in the unincorporated areas of Los Angeles County” by restricting employers’ use of criminal background checks. The Ordinance goes into effect September 3, 2024.
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02.28.2024California Employers: Required Pamphlet and Notice UpdatesUpdatesCalifornia recently updated two pamphlets that employers must provide to employees. The new pamphlets are (1) a “Time of Hire Pamphlet” pertaining to workers’ compensation (to be provided at the time of hire) and (2) a “For Your Benefit” pamphlet, pertaining to unemployment insurance (to be provided at the time of an employee’s involuntary termination or leave).
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02.22.2024Update: Five Questions Companies Are Asking About DOL's New Independent Contractor RulePodcastsThe U.S. Department of Labor (DOL) recently issued a final rule imposing stricter criteria for companies to classify workers as independent contractors.
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01.29.2024Update: Recent Arizona DevelopmentsPodcastsJoin Kristie, Paul, and Jill as they discuss several recent Arizona employment law developments and how they may affect employers.
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01.22.2024Valentine’s Day Marks Compliance Deadline for California Noncompete Notification RequirementUpdatesAB 1076 went into effect on January 1, 2024, and codifies existing case law by making it expressly unlawful for employers to utilize any noncompete agreement with employees that does not satisfy an exception to Section 16600.
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01.16.2024 (UPDATED 1.18.2024)Five Questions Companies Are Asking About DOL's New Independent Contractor RuleUpdatesThe U.S. Department of Labor published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act to determine whether a worker is an employee or independent contractor.
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11.07.2023Arizona District Court Finds Denial of Temporary Telework Not an Adverse Employment ActionUpdatesRecently, in Matthews v. City of Tempe, 2023 WL 6880652, the Arizona Federal District Court considered whether an employer discriminated against a former employee when it denied him an opportunity to telecommute on certain days but allowed female employees to take advantage of remote work.
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11.06.2023Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family ActUpdatesThe Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC that a discharged employee could proceed with his retaliation claim against his former employer. The employee alleged that he had been terminated when he attempted to use earned paid sick time under Arizona’s Fair Wage and Healthy Family Act.
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10.20.20232023 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills.
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10.18.2023California Employers Required To Provide Reproductive Loss Leave Starting January 1UpdatesCalifornia Governor Gavin Newsom signed SB 848 on October 10, 2023. This new law expands California’s Fair Employment and Housing Act (FEHA) to provide covered employees with protected leave after a reproductive loss.
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10.16.2023Update: NLRB Returns to the Obama-Era Standard for Independent ContractorsPodcastsA recent National Labor Relations Board (NLRB or the Board) decision reverts to an Obama-era standard used to determine a worker’s status as an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act).
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10.10.2023Arizona Court of Appeals Order Addresses Protected Activity Under State Employment Protection ActUpdatesIn a recent decision, the Arizona Court of Appeals considered the claim that an employee was discharged for disclosing allegedly unsafe conditions in violation of the Arizona Employment Protection Act. The court considered whether each disclosure by the employee qualified as protected activity and concluded that the reported violation of the Arizona Administrative Code could constitute protected activity, while the others, including a reported violation of state regulations of the National Electric Safety Code, were not protected activity.
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09.18.2023New California State Law Addresses Noncompete AgreementsUpdatesAbsent specific exceptions, under California Business and Professions Code section 16600, California generally prohibits employers from entering into contracts with employees that preclude those employees from engaging in a lawful profession, trade, or business of any kind.
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08.31.2023Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act ClaimsUpdatesA federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA).
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07.20.2023California Supreme Court Limits Utility of Arbitration Agreements for PAGA ClaimsUpdatesIn June 2022, in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), the U.S. Supreme Court held that the Federal Arbitration Act preempts the rule that precludes the use of an agreement to divide PAGA claims into individual and representative claims.
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07.03.2023NLRB Returns to the Obama-Era Standard for Independent ContractorsUpdatesThe National Labor Relations Board issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act. While employees have rights under the NLRA, independent contractors do not.
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06.15.2023US Department of Labor Clarifies Calculation of FMLA Leave on Holiday WeeksUpdates
The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act leave taken by employees during weeks when the employer is already providing employees with a holiday. This Update discusses key takeaways of the letter.
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05.11.2023Update: Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated EmployeePodcastsRecently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned more than $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements.
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03.02.2023Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated EmployeeUpdatesThe U.S. Supreme Court ruled that compensation based on a daily rate does not satisfy the Fair Labor Standards Act's “salary basis test,” which is required for an employee to be exempt from overtime compensation.
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02.24.2023Time To Update Arbitration Agreements—Mandatory Arbitration Is Again Permissible in CaliforniaUpdates
California employers with employees and job applicants subject to the Federal Arbitration Act can once again require such individuals to sign arbitration agreements as a condition of employment.
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10.31.2022Ninth Circuit Rules Time Booting Up Computer May Be Compensable Under FLSAUpdatesThe U.S. Court of Appeals for the Ninth Circuit held, in Cariene Cadena et al. v. Customer Connexx, LLC et al., that the time a group of call center workers spent booting up their computers was compensable time under the federal Portal-to-Portal Act.
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10.24.20222022 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. This Update provides summaries of key legislation as well as action items to consider.
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10.14.2022US Department of Labor Proposes Independent Contractor RuleUpdatesThe U.S. Department of Labor published a Notice of Proposed Rulemaking on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair Labor Standards Act.
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03.08.2022New Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment DisputesUpdatesPresident Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, into law on March 3, 2022.
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2021Frequently Asked Employment Questions Regarding COVID-19Lawyer Publications
View Perkins Coie’s archived frequently asked employment questions regarding COVID-19. These FAQs have not been updated to address OSHA’s emergency temporary standards regarding COVID-19 vaccination mandates announced on November 4, 2021.
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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11.01.2021Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine MandatesUpdatesOn October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine mandates.
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10.25.20212021 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies.
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10.13.2021California Passes New Law Addressing Settlement Agreements and Nondisclosure AgreementsUpdatesCalifornia Governor Gavin Newsom recently signed into law California Senate Bill 331 (SB‑331) titled the “Silenced No More Act.”
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09.22.2021LA County Issues New Health Order Affecting Bars, Breweries, Wineries, Distilleries, Restaurants, and Outdoor Mega EventsBlogsOn September 17, 2021, the County of Los Angeles Department of Public Health issued a new Public Health Order, effective at midnight on October 7, 2021, and continuing until further notice.
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09.01.2021COVID-19 Vaccine Questions AnsweredUpdatesWith the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.
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08.12.2021‘Long COVID’ Workers May Need ADA AccommodationsArticles
HRLaws
Employees with “long COVID”—who continue to experience ongoing symptoms for months afterward—may be entitled to accommodations under the Americans with Disabilities Act (ADA), according to attorneys Jill L. Ripke, Lauren M. Kulpa, and Lara A. Grines. -
08.02.2021Still Experiencing COVID-19 Symptoms Long After A Diagnosis? Employees May Be Entitled To Workplace AccommodationsBlogsPost-Acute COVID-19 Syndrome, colloquially referred to as long COVID-19, occurs when an individual who had COVID-19 continues to experience ongoing symptoms for months afterward.
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UPDATED 05.12.2021US Department of Labor Announces Final Rule Regarding Independent ContractorsUpdatesOn January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA).
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01.20.2021California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex DecisionUpdatesOn January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc., holding that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 applies retroactively.
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12.17.2020A COVID-19 Vaccine Is on the Way—Considerations for Employers and Their WorkforcesUpdatesA COVID-19 vaccine authorized by the U.S. Food and Drug Administration (FDA) for emergency use has arrived in the United States and is being widely distributed to select groups as we issue this update.
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12.03.2020California Employers Must Provide Sexual Harassment Training to Employees By January 1, 2021UpdatesPrior to January 1, 2021, all employers with five or more employees in California must provide one hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and two hours of sexual harassment and abusive conduct prevention training to any supervisors and managers once every two years.
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11.23.2020DOL Issues Guidance Regarding Travel Time Compensability for Nonexempt Foremen and LaborersUpdatesThe U.S. Department of Labor (DOL) published an opinion letter, FLSA 2020-16, considering whether the travel time of foremen and laborers is compensable in three different scenarios.
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11.18.2020DOL Issues Clarification Regarding Compensability for Voluntary Training/Continuing EducationUpdatesThe U.S. Department of Labor (DOL) recently published an opinion letter explaining compensability under the Fair Labor Standards Act (FLSA) of time spent in voluntary continuing education programs.
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11.12.2020New Administration Will Bring Big Changes to the Department of LaborUpdatesThe U.S. Department of Labor (DOL) will see significant changes under a Biden administration.
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11.04.2020California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as ContractorsUpdatesOn Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors.
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10.09.20202020 California Labor & Employment Legislative RoundupUpdatesCalifornia’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment.
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09.28.2020DOL Issues Guidance That Employer-Sponsored COVID-19 Incentive Payments Must Be Included in the Regular Rate for Calculating Overtime PaymentsBlogsThe DOL recently issued guidance clarifying that employer-sponsored COVID-19 incentive payments, such as hazard pay, must be included in the regular rate for calculating overtime payments.
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09.25.2020US Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker ClassificationsUpdatesThe U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s regulations.
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09.21.2020California Expands Family Rights Act LeaveUpdatesGovernor Gavin Newsom signed SB 1383 which expands the California Family Rights Act (CFRA) on September 17, 2020.
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09.14.2020California’s Independent Contractor/Employee Determination: New Legislative Changes to the ABC TestUpdatesThe “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018), described here.
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09.14.2020NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSAUpdatesThe U.S. Department of Labor’s (DOL”) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (the Final Rule).
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09.09.2020DOL Clarifies Fluctuating Workweek Hours Requirement and Other Issues in New Opinion LettersUpdates
The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued four opinion letters addressing various exemption and compensation requirements under the Fair Labor Standards Act (FLSA), including standards for reasonable approximation and reimbursement of business-related expenses and eligibility requirements for the fluctuating workweek method of calculating overtime pay.
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07.27.2020DOL Revises Optional-Use FMLA FormsUpdatesIn June 2020, the U.S. Department of Labor (DOL) revised the optional-use Family and Medical Leave Act (FMLA) forms available for employers to provide required notice to employees and for employees to provide certification of their need for FMLA leave.
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06.01.2020Returning to Work: Considerations for California Employers in a COVID-19 WorldArticlesAs California begins to reopen and employees return to the workplace, employers must consider new protocols to help safeguard the workplace related to COVID-19. This includes performing a detailed risk assessment and developing a return to work plan. Read more.
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05.06.2020City of Los Angeles COVID-19 Right of Recall Ordinance AdoptedUpdatesThe COVID-19 Right of Recall Ordinance requires that airport, hotel, event center, and commercial property employers offer a laid off worker, in writing, any position which is or becomes available after the effective date of the ordinance (listed as June 14, 2020) for which the laid off worker is qualified.
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05.06.2020City of Los Angeles COVID-19 Worker Retention Ordinance AdoptedUpdatesThe COVID-19 Worker Retention Ordinance applies to airport, hotel, event center, and commercial property businesses and works in tandem with the COVID-19 Right of Recall Ordinance.
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Updated 05.07.2020COVID-19 Supplemental Paid Sick Leave Mandated for Employees Working in Unincorporated Areas in Los Angeles County for Employees of Employers With 500 or More Employees NationallyUpdatesLos Angeles County enacted the COVID-19 Worker Protection Ordinance on April 28, 2020.
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04.09.2020 (Updated 04.16.2020)City of Los Angeles Issues Worker Protection OrderUpdatesLos Angeles Mayor Eric Garcetti issued a Worker Protection Order on April 7, 2020, which can be found here.
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04.14.2020, Updated 5.27.2020Los Angeles Modifies COVID-19 Supplemental Paid Leave OrdinanceUpdatesLos Angeles Mayor Eric Garcetti has modified the previously passed COVID-19 Supplemental Paid Sick Leave Ordinance by issuing a public order under City of Los Angeles Emergency Authority.
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04.09.2020 (Updated 04.14.2020)Los Angeles Enacts A Supplemental Paid Sick Leave Ordinance in Response to COVID-19UpdatesThe City of Los Angeles recently enacted a new ordinance called the COVID-19 Supplemental Paid Sick Leave Ordinance that applies to employers with 500 or more employees nationally.
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02.18.2020California Supreme Court Requires Employers to Pay for Mandatory Exit SearchesUpdatesThe California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees.
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11.05.2019California Employment Law Legislative Update 2020UpdatesWith the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year.
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07.29.2019California’s CROWN Act Expands Discrimination Protections for Natural HairUpdatesCalifornia Governor Gavin Newsom passed Senate Bill 188, known as the Creating a Respectful and Open Workplace for Natural Hair (C.R.O.W.N.) Act, earlier this month which expanded existing anti-discrimination state law to protect employees and students from discrimination based on natural hairstyles.
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05.07.2018New “ABC” Test Distinguishes Employees From Independent Contractors for California’s Wage OrdersUpdatesThe Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission Wage Orders.
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01.19.2018California Immigrant Worker Protection Act: New Obligations on EmployersUpdatesThe Immigrant Worker Protection Act, California Assembly Bill 450 (AB 450), went into effect in California on January 1, 2018.
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01.12.2018National Labor Relations Board Reverses Course on Joint Employer TestUpdatesThe National Labor Relations Board issued a decision relating to the test for joint employment under the National Labor Relations Act.
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11.13.2017California Law Restricts Employer’s Consideration of Job Applicants’ Criminal HistoryUpdatesEffective January 1, 2018, California employers with five or more employees are prohibited from asking about a prospective employee’s criminal conviction history until a conditional job offer has been made.
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11.10.2017California Law Mandates Parental Leave for Small Businesses With 20+ EmployeesUpdatesGovernor Jerry Brown signed S.B. 63 last month, which makes CFRA applicable to businesses with 20+ employees.
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11.09.2017California Law Limits Employer’s Salary and Benefits History Inquiries to Job ApplicantsUpdatesGovernor Jerry Brown signed A.B. 168 last month, which prohibits employers from asking job applicants for salary history information.
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06.08.2017Department of Labor Withdraws Informal Guidance on Joint Employment and Independent ContractorsUpdatesOn June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors.
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05.31.2017Arizona’s New Sick Pay Requirements: Are You Ready?UpdatesBeginning on July 1, 2017, virtually all Arizona employees will be entitled to accrue paid sick leave.
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01.23.2017How Retailers Can Steer Clear of ADA LawsuitsArticlesThe Americans with Disabilities Act (ADA), first enacted in 1990, generally requires that retailers — as “places of public accommodation” — provide access for those with disabilities to the goods and services offered.
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12.22.2016DOL Releases Updated Independent Contractor “Misclassification” WebsiteUpdatesIn a follow-up to the U.S. Department of Labor’s (DOL) release of 12 questions and answers in a publication called “Misclassification Mythbusters,” the DOL has now released a new website called “What is ‘misclassification’?”
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09.30.2016New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with Employees Primarily Residing and Working in CaliforniaUpdatesRecently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017.
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09.06.2016Ninth Circuit Addresses Employee Arbitration AgreementsUpdatesIn Morris v. Ernst & Young, LLP, the U.S. Court of Appeals for the Ninth Circuit recently reviewed an arbitration agreement that required employees “as a condition of employment” “to sign agreements not to join with other employees in bringing legal claims against the company.”
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08.25.2016U.S. Department of Labor Releases “Misclassification Mythbuster” Publication Related to Independent ContractorsUpdatesThe U.S. Department of Labor recently released 12 questions and answers in a publication called “Misclassification Mythbusters.”
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08.03.2016Avoiding Lawsuits under the ADAUpdatesAs retailers enter the holiday season amid a period of increased compliance lawsuits related to the ADA, we offer some timely ways to steer clear of potential ADA pitfalls.
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05.31.2016New Arizona Legislation May Affect the Interests of Arizona Businesses and EmployersUpdatesTwo new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the employment relationship and how wages are regulated.
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03.29.2016California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage ClaimsUpdatesAlthough some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability.
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03.28.2016Implications of Supreme Court’s Approval of Statistical Study Use in Wage-and-Hour Class ActionsUpdates
The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for unpaid overtime. The employees claimed that they should have been paid for time spent donning and doffing protective gear.
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02.2016Litigation trend: Website accessibility under the ADAArticlesIn 2016, companies should consider examining the issue of website accessibility under Title III of the Americans with Disabilities Act.
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10.24.2014Wage Order—Not Borello—Applies in Independent Contractor Status Test Says California Court of AppealUpdatesThe California Court of Appeal, Second District, issued an opinion on October 15, 2014, that considered whether the definition of “employee” from the Industrial Welfare Commission Wage Order No. 9 (Wage Order) or the common law test found in S.G. Borello & Sons, Inc. v. Department of Industrial Relations, 48 Cal. 3d 341 (1989) (Borello) applied to the analysis of whether a putative employer properly classified courier and delivery service individuals as independent contractors.
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06.25.2014Ninth Circuit’s Twin Decisions May Signal Decline in Employment Class Actions and Rise in PAGA ClaimsUpdatesThe future of California labor and employment class actions took several blows this week. First, the Supreme Court of California issued a decision in Iskanian v. CLS Transp. L.A., LLC, No S204032 (Cal. June 23, 2014) upholding a class action waiver in a dispute resolution policy.
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06.23.2014California Supreme Court OKs Arbitration Agreements with Class Action Waivers, but Exempts PAGA ClaimsUpdatesThe California Supreme Court has ruled that arbitration agreements with class action waivers are generally enforceable, but it refused to compel the waiver of representative claims brought under California’s Private Attorneys General Act (PAGA).
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05.30.2014Duran v. U.S. Bank National: California Supreme Court Finds Class Certification Violated Due ProcessUpdatesThe Supreme Court of California released its decision in Duran v. U.S. Bank National Association on May 29, 2014. The decision will likely reshape the landscape of class-action practice in California.
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2013Arizona Class Actions Changes: Parties Can Now Appeal Certification Decisions Before a Decision on the MeritsArticlesAssociation of Corporate Counsel America, Arizona Chapter
Presentations
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06.06.20232023 Annual Labor & Employment Law Workshop (Virtual)Speaking EngagementsWebinarThis year’s agenda includes presentations on the Federal Trade Commission’s controversial proposed ban on noncompete agreements and a panel presentation featuring noteworthy speakers addressing workplace violence.
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06.06.2023Labor & Employment Law UpdateSpeaking Engagements
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11.19.20202020 Labor and Employment Law Virtual WorkshopWebinarsA half-day, virtual employment law workshop, which will cover a variety of topics, including diversity and inclusion in the workplace, navigating sensitivities around political law issues, key considerations for remote working, and recent employment law changes all business owners should know.
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10.04.2017How to Avoid Employment and Securities Class Action LawsuitsSpeaking Engagements
Association of Corporate Counsel Mountain West Region / Boise, ID
Wage & Hour Developments
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The California Supreme Court Clarifies Compensable Time
The California Supreme Court recently issued a decision in Huerta v. CSI Electrical Contractors addressing three questions from the United States Court of Appeals for the Ninth Circuit regarding Wage Order No. 16 (which applies to certain on-site occupations in the construction, drilling, logging, and mining industries) and the scope of the term “hours worked.”...
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Arizona District Court Denies Summary Judgment on Joint Employment Relationship Issue
Recently, the U.S. District Court for the District of Arizona held in Castillo v. Spencer’s Air Conditioning & Appliance, Inc., 2024 WL 706939, that while the question of whether an entity is a joint employer under the Fair Labor Standards Act (FLSA) is a question of law, summary judgment was not appropriate because there were...
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New Exceptions to California Fast Food Minimum Wage Law
Assembly Bill 1228 took effect on April 1, 2024, addressing, in part, the California fast food minimum wage law. However, on March 25, 2024, California Governor Gavin Newsom signed Assembly Bill 610 (AB 610), which added exceptions to the fast food minimum wage law. Effective upon enactment as an urgency statute, AB 610 exempts certain...
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Minimum Wage for Fast Food Workers in California Set for April 1, 2024
As previously reported, California law (AB 1228) will require fast food workers to be paid a minimum of $20 per hour effective April 1, 2024. The Labor Commissioner’s Office has posted a Fast Food Minimum Wage Frequently Asked Questions to address the new law. The FAQ provides that to qualify as an exempt employee, an employee...
