Archives

Work is Where the Tax Is: Navigating the “Convenience of the Employer” Rule (US)

Since the beginning of the COVID-19 pandemic in March of 2020, teleworking has been at the forefront of work-life-balance conversations and has become an increasingly popular option for employees. Not only did it make sense for most, but it called into question the true commitment required to pay for a higher cost of living, particularly … Continue Reading

U.S. Supreme Court Holds SOX Whistleblowers Not Required to Show Retaliatory Intent (US)

On February 8, 2024, the U.S. Supreme Court unanimously decided in Murray v. UBS Securities, LLC, et al. that employees bringing whistleblower claims against their employer under the Sarbanes-Oxley Act (SOX) need not prove that, in taking adverse action against them, their employer intended to retaliate against them due to their protected whistleblowing activity. The … Continue Reading

Why You May Have to Comply with California’s New Noncompete – With a February 14 Deadline

Not surprisingly, California is once again passing employment laws that impact companies beyond the state. Specifically, the Golden State is continuing its war against noncompete clauses to conform to case law stating that such clauses are void for any employee working in California — even if the employment contract containing the noncompete was signed in … Continue Reading

Employers Take Note: Big Changes Ahead for the H-1B Lottery, H-1B Filing Process, and USCIS Fees

The Department of Homeland Security (DHS) recently announced updates to the H-1B visa lottery process, availability of online H-1B filings, and increases to most U.S. Citizenship and Immigration Services (USCIS) petition filing fees. The H-1B visa lottery and online filing changes will go into effect before the next lottery opens on March 6, 2024, and … Continue Reading

D.C. Employers Need to Prepare for More Than Humidity This Summer: New Wage Transparency Law Effective in June (US)

On January 12, 2024, the District of Columbia joined a growing list of jurisdictions with wage transparency laws after Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023 (the “Act”). The Act amends parts of the Wage Transparency Act of 2014, as well as introduces several new employee-friendly requirements that … Continue Reading

Coverage Testing – The Forgotten Nondiscrimination Rule            

This blog post addresses retirement plans that are intended to be tax-qualified under Section 401(a) of the Internal Revenue Code (Code). Specifically, this post will provide information related to: Quite often, we see employers, particularly smaller employers, design and implement tax-qualified retirement plans without a basic understanding of how these rules apply to their plans. … Continue Reading

Supreme Court of California Holds Trial Courts Lack Inherent Authority to Dismiss Unmanageable PAGA Claims

In Estrada v. Royalty Carpet Mills, Inc., No. S274340, 2024 WL 188863 (Cal. Jan. 18, 2024), the Supreme Court of California resolved a split among the Courts of Appeal regarding whether trial courts possess inherent authority to dismiss California Labor Code Private Attorneys General Act (“PAGA”) claims based on their lack of manageability and held … Continue Reading

DOL Publishes Final Independent Contractor Rule (US)

Way back in October 2022, we discussed the U.S. Department of Labor’s (DOL) issuance of a notice of new rule that would substantially change the test for whether a worker is an employee, and thus covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), or is an independent contractor, … Continue Reading

US State Law Roundup – 2023 Year-end Update

State and local legislatures were active throughout 2023 in passing laws and ordinances that will impact employers of all sizes and all industries in 2024. Click HERE for our summary of these laws and related developments, including important developments in California, Colorado, Illinois, Minnesota, New York and elsewhere! If you haven’t already, you might also want … Continue Reading

U.S. Department of State Implements Domestic Visa Renewal Pilot Program

On December 21, 2023, the United States Department of State (DOS) published a notice detailing the implementation of a domestic visa renewal through a limited pilot program. The pilot program resurrects a process the DOS discontinued in 2004 and will allow certain eligible applicants to renew an H-1B visa in the United States without needing … Continue Reading

Amendments to California Anti-Retaliation Laws Facilitate Employee Lawsuits

Soon it will be easier for California employees to establish a prima facie claim of retaliation in violation of California law. On October 8, 2023, Governor Gavin Newsom signed Senate Bill No. 497 into law. Also referred to as the Equal Pay and Anti-Retaliation Protection Act, the legislation amends California Labor Code Sections 98.6, 1102.5 and … Continue Reading

Accommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must (US)

Court explains that “feasible” isn’t always “reasonable.” It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions … Continue Reading

Ohio Legalizes Recreational Marijuana, But Employers’ Ability to Enforce Workplace Drug Policies Remains Intact (US)

As of November 7, 2023, Ohio became the 24th state to legalize adult recreational use of marijuana. Ohio voters passed Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”), by a 57% to 43% margin, and the Act is set to take effect on December 7, 2023. … Continue Reading

NLRB Issues New Joint Employer Standard (Yet Again) (US)

On October 26, the National Labor Relations Board (NLRB or Board) once again changed its standard for when an organization constitutes a “joint employer” of another organization’s employees for purposes of the National Labor Relations Act (NLRA). This standard creates new risks and potential liability for employers in franchise relationships, as well as those who … Continue Reading

California Legislative Year-End Review: Preparing for 2024 (US)

On October 14, 2023, California’s active legislative year came to an end, leaving numerous employment law updates in its wake. This year, Governor Gavin Newsom has signed novel laws that create new rights for employees (and requirements for employers) while also amending some current laws, thereby changing existing employer obligations. Here, we summarize the laws … Continue Reading

Attention California Employers! Soon, You Will Need to Provide Employees Five Days (or 40 Hours) of Paid Sick Leave (US)

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024. Background In 2014, California enacted the Healthy Workplaces, … Continue Reading

WEBINAR October 18 – Global Workforce Compliance: Navigating Changes in US I-9 and UK Right to Work Rules

Join Gregory Wald and Annabel Mace for an insightful and comprehensive webinar reviewing recent changes and trends in US I-9 and UK right to work rules and regulations on Wednesday, October 18, from 8:30 – 9:45 a.m. PDT / 4:30 – 5:45 p.m. BST. This webinar brings together legal experts in immigration and employment verification … Continue Reading

The Non-Compete Landscape in 2023: What Employers Should Know About Changes in Non-Compete Law from the FTC, NLRB, Antitrust Claims and New State Laws (US)

Perhaps no area of employment law has changed more recently than the law surrounding employee non-competition agreements. Two federal agencies are actively working to regulate most non-competes out of existence. More states have joined the list of jurisdictions that prohibit or limit non-competes (including many non-solicitation agreements) by enacting broad bans. Other states, although not … Continue Reading

California Court Says “Check Is in the Mail” Violates California Arbitration Act; Lets Employee Avoid Arbitration Over Non-Prejudicial Technicality (US)

Latest California court decision is another example of judicial hostility to employment arbitration agreements. California employers and their employees frequently agree to resolve disputes through binding private arbitration, rather than the more time-consuming and costly process of litigating claims in court. However, to require arbitration, California employers are required to pay all fees unique to … Continue Reading

The NLRB and Employers’ Terrible, Horrible, No Good, Very Bad Week: A Deep-Dive Analysis of Recent Activist NLRB Decisions (US)

I went to sleep with gum in my mouth and now there’s gum in my hair and when I got out of bed in the morning I tripped on the skateboard and by mistake I dropped my sweater in the sink while the water was running and I could tell it was going to be … Continue Reading

Time OT! DOL Proposes Significant Updates to Overtime Rules…Again (US)

On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking (NPRM) that could significantly change the “white collar exemptions” to the overtime compensation requirements of the Fair Labor Standards Act (FLSA).  Under current law, by default all employees covered by the FLSA are entitled to overtime pay at the rate … Continue Reading

AI In the Workplace: Navigating a New Technological Frontier (US)

Since the launch of ChatGPT in November 2022, Generative Artificial Intelligence (“AI”) has taken the world by storm, attracting over 100 million users for both personal and professional use in less than one year. Given the growing popularity of ChatGPT and similar AI tools, it is likely that they will soon infiltrate your workplaces, if … Continue Reading

NLRB Proves Everything Old (And Clunky and Unworkable) Is New Again (US)

In a much anticipated (yet thoroughly unsurprising) decision, on August 2, 2023, the National Labor Relations Board (NLRB or Board) again reversed precedent, crafting a what’s-old-is-new-again standard for evaluating – and easily invalidating – employer work rules. The long and short of the Board’s decision in Stericycle, Inc. is that employers can now expect, much … Continue Reading
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