Archives: News

Subscribe to News RSS Feed

Executive Order Travel Ban – SCOTUS Takes Further Action (While on Summer Recess, No Less)

The Executive Order Travel Ban saga continues into the dog days of Summer. On June 19, 2017, the US Supreme Court issued an order (See Trump v. Hawaii) partially upholding a lower court’s modification of the preliminary injunction exempting from the travel ban impacted grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of … Continue Reading

Are Employers Going to be Required to Accommodate Medical Marijuana Use?

State-registered medical cannabis patients may now sue a private employer for discrimination under Massachusetts’ law if they are fired for their off-the-job marijuana use, according to landmark ruling issued July 17, 2017, by the Massachusetts Supreme Judicial Court. Citing the Massachusetts Medical Marijuana Act, the court states that patients shall not be denied “any right … Continue Reading

National Labor Relations Board Moves A Step Further Away From Its Current Pro-Union Composition

On July 13, the National Labor Relations Board took another step to shift away from the staunchly pro-union agency that has existed over the last eight years. This occurred when the Senate labor committee considered the nominations of Marvin Kaplan and William Emanuel, whom the Trump Administration had put forward for the two vacant Board … Continue Reading

California Supreme Court Marshalls out More Plaintiffs’ PAGA Rights

On July 13, the California Supreme Court issued its long awaited decision in Williams v. Superior Court. The Court greatly expanded a plaintiff’s discovery rights in the early stages of litigation. For context, Marshalls of CA, LLC, a retailer with approximately 130 stores and more than 16,000 nonexempt employees, was sued by Williams under PAGA. … Continue Reading

Hearing Set Before Senate Committee on NLRB Nominations

Updating our June 19 post, as expected, President Trump nominated Marvin Kaplan and William Emanuel to fill the two currently-vacant seats on the National Labor Relations Board.  A hearing on their nominations is now scheduled for July 13 before the Senate Health, Education, Labor & Pensions (HELP) Committee.  If recommended by the HELP committee, the nominees … Continue Reading

Managing Political Speech In The Workplace

In the current political environment, employers and employees alike may be wondering – what, if any, political conversation in the workplace is acceptable or appropriate?  Tones of “freedom of speech,” “freedom of association,” on one hand, intersect with tenors of “workplace harassment” or simple annoyance, on the other.  Although like the political debates themselves, the … Continue Reading

Industrial Commission of Arizona Issues Long-Awaited Proposed Rulemaking Regarding Arizona’s Paid Sick Leave Statute

We previously reported that all Arizona employers will be required to make paid sick leave available to their employees beginning on July 1, 2017. The law requires that businesses with 14 or fewer employees provide at least 24 hours of leave annually, and businesses with 15 or more employees provide at least 40 hours of … Continue Reading

How Much Money Did You Make At Your Last Job? Some Say These Questions Do Not Pay It Forward.

Can employers ask a prospective employee what they have earned at prior jobs? For most employers, the answer is currently – yes. But, if you are among the large group of employers that do ask about past earnings, take heed. A growing number of states and municipalities and even the federal legislature are considering new … Continue Reading

President Trump Strikes Down Federal Contractor Blacklisting Rule

As anticipated, on March 27, 2017, President Trump repealed the so-called “blacklisting” rule that required federal contractors to disclose labor violations when bidding on new or renewed government contracts worth at least $500,000 (we reported on this topic on March 7). The President struck down the blacklisting rule, along with three other regulations aimed at protecting the … Continue Reading

Supreme Court Reins in Administrative Overreaching of NLRB

On March 21, the U.S. Supreme Court ruled that one-time acting National Labor Relations Board (NLRB) General Counsel Lafe Solomon improperly served as the agency’s Acting General Counsel while he awaited U.S. Senate confirmation to a permanent appointment, upholding a U.S. Court of Appeals for the D.C. Circuit ruling that most of his three-year tenure … Continue Reading

Travel Ban Executive Order Update: The Constitutional Tug-of-War Continues

Last week we saw another round in the battle between the Executive and Judiciary branches over the President’s travel ban impacting nationals Syria, Iran, Libya, Somalia, Sudan, and Yemen. Federal District Courts in Hawaii (State of Hawaii v. Trump) and Maryland (International Refugee Assistance Project (“IRAP”) v. Trump) stayed the implementation of the revised Travel/Refugee … Continue Reading

New HMRC IR35 status tool reviewed

Last week HMRC launched an online tool to help decide whether an individual is employed or self-employed for tax purposes (not whether he is a “worker” for employment status purposes, which is a separate question which HMRC isn’t bothered about). The tool is here online tool. You answer some questions, turn a metaphorical handle and … Continue Reading

San Jose Opportunity to Work Ordinance:  What You Need to Know

On November 8, 2016, voters in the City of San Jose approved the “San Jose Opportunity to Work Ordinance.”  The Ordinance is well-intentioned, but open to significant interpretation.  This is important, given the potential exposure to steep penalties and legal liability for failure to comply.  Here, we break down what you need to know, and … Continue Reading

Welcome New US Labor & Employment Team Members

We are excited to welcome two lawyers to the Squire Patton Boggs US Labor & Employment practice group – Jeffrey Schagren and Joe D’Andrea. Jeff and Joe bring broad labor and employment experience to the firm and add substantial expertise to our counseling and advocacy services.  Jeff joins us as Of Counsel in our Dallas, Texas office, … Continue Reading

Ninth Circuit Court of Appeals Affirms TRO – Stay of Travel Ban Executive Order Remains in Place

On February 9, 2017 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Federal District Court judge’s decision (TRO) to temporarily block the President’s Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States. Our previous update regarding the TRO, the current state … Continue Reading

Updates on Impact of Travel Ban Executive Order: One Week and Counting

Significant confusion has arisen in the week since President Trump issued his Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States on January 27, 2017. Our previous summary can be found here. Following a frenetic week at U.S. ports of entry and international airports and increased litigation in several … Continue Reading

Los Angeles Joins Growing Number of States, Counties, and Cities Supporting “Ban the Box” Movement

  New ordinance prohibits private employers in the City of Los Angeles from inquiring about applicants’ criminal history before making a conditional offer of employment. On January 22, 2017, the “Fair Chance Initiative for Hiring” ordinance took effect in Los Angeles. The ordinance limit the ability of employers to inquire about a job applicant’s criminal … Continue Reading

UPDATED – Additional Executive Order Issued with Immediate Impact on Travel to the United States

On Friday January 27, 2017, the president issued an Executive Order (EO) entitled, Protecting the Nation from Foreign Terrorist Entry Into the United States. The EO has yet to be posted on the White House website but the text can be found here. The purpose of this Executive Order, as stated, is to “protect our … Continue Reading

US Supreme Court to Resolve Dispute Over Enforceability of Class Waivers in Arbitration Agreements

  As followers of our blog know, we have been closely watching developments over the past few years involving the tension between the National Labor Relations Board and the courts concerning whether arbitration agreements that require employees to resolve most employment-related disputes in individual arbitration proceedings, and bar the use of class or collective action … Continue Reading

Consultation on Employment Tribunal reform proposals – send for Judge Dredd

Last month saw the publication of the Government consultation document on reforming the Employment Tribunal system, a joint production between the Ministry of Justice and BEIS. For when the conversation falls into a flat spin at your next dinner party, here are the highlights, using the word at its most generous. In summary, the reforms … Continue Reading

Arizona Voters Approve Paid Sick Leave for Employees and Minimum Wage Increase

The election results are in, and President-elect Donald Trump’s victory over Secretary Hillary Clinton has the nation abuzz and undoubtedly will for the foreseeable future.  However, the Presidential race was not the only notable race or measure on the ballot.  Although the dust hasn’t quite settled from last night’s historic vote, there a number of … Continue Reading
LexBlog