Our attorneys endeavor to stay on top of the latest legal industry trends. See below for our Compliance Matters newsletters for news, analysis and insight as to recent legal developments that may affect you and your business.
2019
May 13, 2019
Proposed Federal “Be HEARD” Act Seeks to Expand Federal Workplace Harassment Law
While much of the media’s discussion of the #MeToo movement has focused on high profile industries like entertainment, media, and politics, a bill recently introduced in Congress is designed to ensure that most ordinary workers will benefit from imposing stricter anti-harassment protections.
May 09, 2019
Employers Must Turn Over “Component 2” Pay Data to EEOC by September 30, 2019
Recently, we wrote about the new “Component 2” section of a revised EEO-1 form that was reinstated on March 4, 2019 as a result of a recent court ruling. Component 2 now requires employers to provide a report to the EEOC on the annual wages earned and hours worked by employees of each gender, race and ethnic background. .
May 08, 2019
Ninth Circuit Rules that “ABC Test” for Independent Contractor Status Applies Retroactively and Should Be Liberally Applied
One year ago this month, the California Supreme Court issued its landmark Dynamex ruling, which makes it far more difficult to prove that a worker may be legally treated as an independent contractor under California’s Wage Orders [ link ]. One major remaining question has been whether Dynamex will be applied “retroactively” to lawsuits that were brought before Dynamex was decided.
May 06, 2019
U.S. Supreme Court Makes it Easier for Employers to Avoid Class Arbitration
The United States Supreme Court has repeatedly upheld arbitration agreements which include waivers of the right to pursue class action remedies in court. Just one year ago, in the landmark Epic Systems case, a 5-4 conservative majority of the Court ruled that arbitration agreements waiving an employee’s right to pursue or participate in a class action lawsuit are enforceable under the Federal Arbitration Act, and do not violate federal labor law.
April 26, 2019
The United States Supreme Court Will Decide Whether To Extend Title VII Protections to LGBT Employees and Job Applicants
Title VII of the Civil Rights Act of 1964 is the federal law that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. Although the law explicitly bans “sex” discrimination, as written and later amended, it does not specifically include “sexual orientation” or “gender identity” as protected categories.
April 26, 2019
The United States Supreme Court Will Decide Whether To Extend Title VII Protections to LGBT Employees and Job Applicants
Title VII of the Civil Rights Act of 1964 is the federal law that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. Although the law explicitly bans “sex” discrimination, as written and later amended, it does not specifically include “sexual orientation” or “gender identity” as protected categories.
April 11, 2019
ARE YOU ON THE LIST? OFCCP’S 2019 CSAL
On March 25, 2019, the Office of Federal Contract Compliance Programs (“OFCCP”) issued its Corporate Scheduling Announcement List (“CSAL”) which includes 3,500 establishments for FY 2019. The CSAL list comes in lieu of individual letters which had traditionally been sent directly to federal contractors to notify them of potential audits.
April 01, 2019
E-Verify Releases Updated “Right to Work” Poster
On February 26, 2019, the United States Citizenship and Immigration Services (USCIS) and its E-Verify division have updated the mandatory Right to Work poster. Employers participating in E-Verify must replace previous versions of the posters with the updated version.
March 28, 2019
EEOC’S NEW PAY DATA REPORTING REQUIREMENTS
CLEAR … AS MUD
Tax season may be coming to an end, but if you are a private employer with 100 or more employees, you may not be emerging from your mountain of paperwork just yet. Private employers with 100 or more employees are now required to report to the U.S.
March 14, 2019
CALIFORNIA COURT EXTENDS REPORTING PAY OBLIGATION TO ON-CALL EMPLOYEES
As we previously reported, a number of state and local governments have passed legislation aimed at requiring employers to provide their employees with advance notice of their work schedules. So-called “predictable scheduling” laws have been passed by the State of Oregon, New York City, Seattle, and San Francisco
March 12, 2019
FEDERAL GOVERNMENT ANNOUNCES NEW SALARY GUIDELINES FOR OVERTIME EXEMPTIONS
The United States Department of Labor (DOL) issued its long-awaited proposed revisions of the regulations under the federal law known as the Fair Labor Standards Act (FLSA) in regard to which employees qualify for an overtime pay exemption.
March 7, 2019
NLRB Rejects In-N-Out Burger’s Button Ban
Last week, the United States Supreme Court declined to hear an important appeal by In-N-Out Burger. The burger chain was seeking to overturn a National Labor Relations Board ruling concerning the chain’s uniform policy.
February 15, 2019
Recent NLRB Decisions Are Welcome News For Employers
Two recent decisions of the Trump-era NLRB are welcome news for employers. In both cases, the Trump Labor Board reversed a pair of Obama-era decisions that employers found very troubling.
February 1, 2019
U.S. Supreme Court Gives Mixed Results For Businesses Seeking To Enforce Arbitration Agreements
The United States Supreme Court got off to a fast start in 2019, issuing two important decisions on the enforcement of mandatory arbitration agreements. One ruling was a narrow victory for businesses; the other was a defeat for companies in the transportation industry.
2018
December 27, 2018
More New Laws for California Employers
In our previous edition of Compliance Matters, we focused on the new laws surrounding the #MeToo movement. This edition of Compliance Matters summarizes the additional laws that are set to take effect January 1, 2019.
December 17, 2018
The California Legislature Breathes New Life Into the #MeToo Movement by Passing A Package of Bills Addressing this Issue
Governor Jerry Brown signed a package of bills that specifically address concerns raised by the #MeToo movement.
December 12, 2018
California Court Strikes Down Contract That Prohibited Ex-Employees From Raiding Company’s Workforce
California courts have long refused to enforce non-competition agreements between companies and their former employees.
August 29, 2018
California Judge Gives Broad Retroactive Effect To State’s Landmark Independent Contractor Ruling
In May, we wrote about the California Supreme Court’s landmark Dynamex ruling, which upended decades of thinking about who could be legally paid as an independent contractor under California’s Wage Orders.
July 31, 2018
California Supreme Court Rules That Employers Must Pay For All Work Hours
O n July 26, 2018, the C a lifornia Supreme Court issued its long-anticipated decision in a case involving coffee impresario Starbucks.
July 9, 2018
A Cautionary Tale About Alternative Workweek Schedules
A recent decision from the California Court of Appeal, Maldonado v. Epsilon Plastics , tells the story of Epsilon Plastics, Inc. (“Epsilon”), an employer that learned the hard way about the perils a California employer may face when it tries to “go it alone” in implementing and maintaining an Alternative Workweek Schedule (“AWS”).
July 5, 2018
Another California Appellate Decision Upholds Neutral “Rounding” System to Measure Employee Work Time
California law requires employees to be paid for all hours worked. Some California businesses use a “rounding” system to determine the number of hours worked by their employees for payroll purposes.
June 28, 2018
Reminder To L.a., Santa Monica, And Pasadena Employers: New Minimum Wages Set For July 1, 2018
Summertime in Southern California used to be all about sunny skies, weekends at the beach, and family vacations, but ever since 2016, July 1 st has also meant City mandated minimum wage increases!
June 26, 2018
Cal/osha’s New Mandatory Injury Prevention Program For California Housekeepers To Take Effect July 1
UNITE HERE is the labor union that represents most of California’s unionized hotel employees. The union has been at the forefront of advocating for statewide safety legislation that would require employers to undertake very specific tasks in protecting both union and non-union employees from workplace injuries.
June 22, 2018
Expanded California National Origin Regulations Take Effect On July 1st
New expanded “national origin” job bias regulations are set to take effect for California employers on July 1, 2018. These new regulations enhance protections afforded to job applicants and employees, including undocumented workers, under the state’s national origin discrimination rules.
June 12, 2018
Suitable Seating Cases Pose High Exposure Risk for California Employers
As we previously reported ( link) the United States Supreme Court very recently issued its long-awaited decision holding that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA).
May 31, 2018
U.S. Supreme Court Approves the Use of Class Action Waivers in Mandatory Employment Arbitration Agreements
In a long-awaited decision issued last week, the United States Supreme Court has given a “green light” to employers who want to require employees to sign arbitration agreements waiving the employee’s right to pursue or participate in a class action lawsuit.
May 3, 2018
California Supreme Court Adopts New Tighter Standard For Classifying Workers As Independent Contractors
A stunning new decision by the California Supreme Court adopts a extremely broad, pro-worker standard for determining whether to classify a worker as an employee or independent contractor under California’s Wage Orders.
May 2, 2018
Ninth Circuit Reverses Itself, Rules That Employers Cannot Use Prior Salary To Justify Wage Differential Between Male And Female Employees
Last June, we reported on a major decision by the Ninth Circuit U.S. Court of Appeals which interpreted the federal Equal Pay Act of 1963.
March 1, 2018
EMPLOYERS CAN CONTINUE TO LEGALLY EMPLOY “DREAMERS” UNDER THE DACA PROGRAM FOR NOW
In September 2017, President Trump had announced his intent to end the Deferred Action for Childhood Arrivals (“DACA”), an immigration program which protected from deportation certain undocumented immigrants illegally brought to the United States as children.
January 22, 2018
Ballard Rosenberg Golper & Savitt
Named First Tier Labor and Employment Law Firm By US News & World Report
We always like to share good news. For the third year in a row, Ballard Rosenberg Golper and Savitt has been awarded a First Tier Ranking in U.S.
January 16, 2018
EMPLOYEE WHO DISMISSES INDIVIDUAL WAGE/HOUR CLAIMS IS PRECLUDED FROM REPRESENTING OTHER EMPLOYEES IN “PAGA” LAWSUIT
The Private Attorneys General Act (“PAGA”) has been the subject of frequent litigation since it was added to the California Labor Code in 2004.
January 5, 2018
Criminal Penalties For Minimum Wage Violations
By now, employers are well-versed in the multitude of state and local minimum wage and sick leave ordinances enacted in recent years. However, one of the biggest unknowns was what enforcement and punishment would look like
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