In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and the avoidance of protracted and expensive court litigation. Typically, mandatory employment arbitration programs list the […]
JM
California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered employees for purposes of the Labor Code, unless the hiring entity can prove that: (a) the person […]
TB
On August 30, 2019, Governor Gavin Newsom signed SB 778 into law. This bill not only clarifies certain aspects of the expanded sexual harassment prevention training requirements but also, and most importantly for many employers, extends the deadline to January 1, 2021 to provide training to nonsupervisory employees and to train supervisors who were not […]
EL
USCIS released a message that employers for now should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current form came into effect on July 17, 2017 and is set to expire on August 31, 2019. USCIS has indicated they will publish a new edition […]
BN
The government’s interpretation and enforcement of this country’s immigration laws and regulations continue to change at a dizzying speed, leaving many employers scrambling to keep their foreign national employees in status and able to continue working for them. This is the first in a series of updates on some of these important changes. Collecting Social […]
RW
Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that an employee has engaged in concerted activity, it must be shown that: 1) the activity […]
JM
As we reported last year, “Times They Are a-Changin’” [see article here]. However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana morass. As a result, employers are now prevented from rejecting job seekers because they failed a test […]
SP
A recent settlement between the American Civil Liberties Union (“ACLU”) and a national employer highlights the importance of ensuring that paid parental leave benefits provided by employers are not just written in a gender neutral policy, but also administered on gender neutral terms. The employer will pay $5 million to fathers who claim they were […]
CO
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an independent contractor for wage order claims. As many commentators explained, the court significantly changed the […]
AM
Two days after the one year anniversary of the California Supreme Court’s Dynamex decision, the Ninth Circuit issued a blow to companies in California. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. held that the Dynamex decision adopting the more difficult to meet ABC test to determine whether workers […]
EL
