Insights on Labor, Employment & OSHA

On January 29, the 15th anniversary of the Lilly Ledbetter Fair Pay Act, President Joe Biden announced initiatives aimed at achieving pay equity for the federal workforce and employees of federal contractors.

California has long had the most restrictive laws against employee noncompete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even further.

The Massachusetts Wage Act is one of the most punitive wage payment laws in the country. Employers who run afoul of its provisions, even unintentionally, are liable for treble damages, attorneys’ fees, and costs.

On January 12, Washington, DC, Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023. The Act amends the DC Wage Transparency Act of 2014 and is scheduled to go into effect on June 30, assuming it passes the mandatory 30-day congressional review.

This week, the US Department of Labor (DOL) issued a final rule — Federal Register: Employee or Independent Contractor Classification Under the Fair Labor Standards Act.

In Kim v. Tinder, Inc., No. 22-55345 (9th Cir. Dec. 5, 2023), the Ninth Circuit recently vacated a $5.2 million class action settlement between plaintiff Lisa Kim and Tinder, Inc., finding that Kim was inadequate to represent the class.

On October 8, California Governor Gavin Newsom signed into law SB 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law makes it easier for employees to prove retaliation under Labor Code sections 98.6, 1102.5, and 1197.5.

The increased use of artificial intelligence (AI) in the workplace has already raised issues about working time, proper classification, and discrimination. This alert addresses some of these issues.

The City of Chicago has passed a Paid Leave and Paid Sick Leave Ordinance entitling covered employees up to 10 days of paid leave per year: 40 hours of leave for any reason (Paid Leave) and an additional 40 hours of Paid Sick Leave.

California Governor Gavin Newsom signed a flurry of new bills at the end of the legislative session, including numerous bills that will impact employers across various industries across the state.

Governor Newsom signed SB 616 on October 4, 2023. SB 616 expands California’s sick pay law in several important ways.

On October 13, 2023, California Governor Gavin Newsom signed a first-of-its-kind bill related to an industry-wide minimum wage in California. SB 525 impacts the health care industry and sets a minimum wage schedule that employers in the health care industry must follow.

ArentFox Schiff has been awarded 62 top rankings in the 2024 edition of Best Law Firms® which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

It’s back … like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint employer” status.

Beginning on November 1, 2023, employees receiving paid benefits under the Massachusetts Paid Family and Medical Leave law (PFML) can supplement, or “top off,” the state paid benefit with other accrued paid time off such as vacation, personal, sick time, or a combined PTO (paid time off) benefit.

When an employer discharges an employee, California Labor Code, Section 201(a), provides that “the wages earned and unpaid at the time of discharge are due and payable immediately.”

After an uptick in government I-9 compliance investigations, ArentFox Schiff Partner Berin Romagnolo will host a webinar discussing tips for I-9 & E-Verify compliance.

In August, with its ruling in Wendt Corp.,[1] the National Labor Relations Board overruled a landmark case, Raytheon Network Centric Systems,[2] which gave unionized employers broad latitude to make discretionary changes to employment terms and conditions during a contractual hiatus and negotiations for a first contract.

When an employer “discharges” an employee, California Labor Code section 201(a) provides that “the wages earned and unpaid at the time of discharge are due and payable immediately.”

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace, which presents a legal analysis of the standards for harassment and employer liability applicable to claims of harassment under the statutes enforced by the EEOC. The proposal is open to public comment until November 1, 2023.

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater coordination through agency information sharing.

Last week, the National Labor Relations Board (NLRB) overruled a landmark case that gave unionized employers broad latitude to make discretionary changes to employment terms and conditions during a contractual hiatus or negotiations for a first contract.

On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking, which would increase the white-collar exemption salary threshold for employees to qualify as exempt under the Fair Labor Standards Act (FLSA).

Last Friday, the National Labor Relations Board (NLRB) overturned decades of precedent and continued in its march to ease labor union efforts to organize new workforces. In its decision in Cemex Construction Materials Pacific LLC, 31-CA-238239, the Board overruled 1971’s Linden Lumber.

ArentFox Schiff is pleased to announce that San Francisco Partner Rob Carrol has again been named among the 2023 “Top Labor & Employment Attorneys in California” by Daily Journal, the state’s premier legal publication.