Who Needs to Know -
Employers who are reopening (or have already reopened) by bringing employees back to their workplaces.
Why It Matters -
Bringing a workforce back to the workplace, whether from teleworking,...more
9/25/2020
/ Coronavirus/COVID-19 ,
Cost-Savings ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Paid Sick Leave ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Wage and Hour ,
Workplace Safety
As we previously covered, on August 3, the U.S. District Court for the Southern District of New York (SDNY) struck down four parts of the regulations issued by the U.S. Department of Labor (DOL) implementing the Families...more
9/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Infectious Diseases ,
Intermittent Leave ,
Labor Regulations ,
Paid Leave ,
Regulatory Requirements ,
Required Documentation ,
Sick Leave ,
Wage and Hour
Three California cities — Los Angeles, San Francisco and San Jose — have recently enacted paid sick leave laws in response to the COVID-19 pandemic. These laws are meant to fill the gaps left by the Families First Coronavirus...more
In response to the financial pressures of the COVID-19 crisis, many employers are considering pay reductions as an alternative to furloughs or layoffs. Most states require advance notice of these changes, and some states have...more
Businesses have begun to feel the pinch as state orders related to the COVID-19 pandemic have resulted in the shutdown of facilities across the country. As a result, many companies are being forced to make difficult decisions...more
As the COVID-19 coronavirus continues to present challenges to employers worldwide, we have created this frequently asked questions document to answer some of the most common questions we have been hearing from clients,...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Leave of Absence ,
Paid Time Off (PTO) ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workplace Safety
With more than 90,000 cases of coronavirus (COVID-19) across 65 countries, it is only a matter of time before the disease has an impact on normal business operations. However, as the virus continues its march around the...more
3/11/2020
/ Americans with Disabilities Act (ADA) ,
Business Operations ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Leave of Absence ,
Paid Time Off (PTO) ,
Public Health ,
Reasonable Accommodation ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more
9/18/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Non-Exempt Employees ,
Pending Legislation ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more
6/6/2019
/ Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Obama Administration ,
Opinion Letter ,
Regulatory Standards ,
Service Professionals ,
Trump Administration ,
Wage and Hour
On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more
On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more
9/21/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Policies ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v....more
5/10/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more
4/18/2018
/ Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Mobile Apps ,
Multi-Factor Test ,
Putative Class Actions ,
Sharing Economy ,
Summary Judgment ,
Transportation Industry ,
Wage and Hour
Q. What is the standard for determining whether two companies are joint employers?
A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more
3/1/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Vacated ,
Wage and Hour
The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more
2/15/2018
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
On-Demand Services ,
Sharing Economy ,
Uber ,
Wage and Hour
The injunction prevents the government from enforcing the final rule’s provisions on labor law violation disclosures and the restriction on arbitration agreements.
Late in the evening of October 24, mere hours before the...more
10/27/2016
/ Arbitration ,
Arbitration Agreements ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Rules ,
First Amendment ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order.
On May 28, the Federal Acquisition...more
6/19/2015
/ Arbitration ,
Civil Rights Act ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
LCA ,
Mediation ,
Migrant Workers ,
OSHA ,
Service Contract Act ,
Sexual Assault ,
Sexual Harassment ,
Subcontractors ,
Title VII ,
Wage and Hour