LABOR & EMPLOYMENT LAW BLOG SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January 1, 2021. This new COVID-19 Supplemental Paid Sick Leave law allows covered employees to take up to an additional 80 hours of paid COVID-19 related sick leave. . Continue Reading. CAL/OSHA APPROVES REVISED EMERGENCY TEMPORARY STANDARDS After several fits and starts, on June 3, 2021, the Cal/OSHA Occupational Safety & Health Standards Board finally passed revised Emergency Temporary Standards (ETS) that now take into account employee vaccination status and loosening restrictions from the Centers for Disease Control (CDC) and California’s elimination of the colored Tier system. SIGNIFICANT UPDATES TO CAL/OSHA’S EMERGENCY TEMPORARY UPDATE: At its May 20, 2021, meeting, the Cal/OSHA Standards Board agreed to table its vote on the proposed revised Emergency Temporary Standards to allow Division staff time to draft potential revisions that would more closely align Cal/OSHA’s requirements with the CDC’s latest guidance concerning face coverings for fully vaccinated

individuals.

OSHA ADOPTS NEW COVID-19 NATIONAL EMPHASIS PROGRAM TO On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. LABOR COMMISSIONER ISSUES FAQS FOR SUPPLEMENTAL COVID-19 Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, THE NINTH CIRCUIT PUTS THE BRAKES ON TRUCKERS’ CALIFORNIASEE MORE ON LABOREMPLOYMENTLAWBLOG.COM EXPORT CONTROL HR PITFALLS TO AVOID WHEN HIRING Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, WHAT EMPLOYERS NEED TO KNOW ABOUT COLORADO’S NEW EQUAL PAY Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency.. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act

into law.

U.S. SUPREME COURT BACKS BROAD INTERPRETATION OF THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, WHAT EMPLOYERS NEED TO KNOW ABOUT CALIFORNIA’S NEW COVID Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, LABOR & EMPLOYMENT LAW BLOG SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January 1, 2021. This new COVID-19 Supplemental Paid Sick Leave law allows covered employees to take up to an additional 80 hours of paid COVID-19 related sick leave. . Continue Reading. CAL/OSHA APPROVES REVISED EMERGENCY TEMPORARY STANDARDS After several fits and starts, on June 3, 2021, the Cal/OSHA Occupational Safety & Health Standards Board finally passed revised Emergency Temporary Standards (ETS) that now take into account employee vaccination status and loosening restrictions from the Centers for Disease Control (CDC) and California’s elimination of the colored Tier system. SIGNIFICANT UPDATES TO CAL/OSHA’S EMERGENCY TEMPORARY UPDATE: At its May 20, 2021, meeting, the Cal/OSHA Standards Board agreed to table its vote on the proposed revised Emergency Temporary Standards to allow Division staff time to draft potential revisions that would more closely align Cal/OSHA’s requirements with the CDC’s latest guidance concerning face coverings for fully vaccinated

individuals.

OSHA ADOPTS NEW COVID-19 NATIONAL EMPHASIS PROGRAM TO On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. LABOR COMMISSIONER ISSUES FAQS FOR SUPPLEMENTAL COVID-19 Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, THE NINTH CIRCUIT PUTS THE BRAKES ON TRUCKERS’ CALIFORNIASEE MORE ON LABOREMPLOYMENTLAWBLOG.COM EXPORT CONTROL HR PITFALLS TO AVOID WHEN HIRING Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, WHAT EMPLOYERS NEED TO KNOW ABOUT COLORADO’S NEW EQUAL PAY Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency.. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act

into law.

U.S. SUPREME COURT BACKS BROAD INTERPRETATION OF THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, WHAT EMPLOYERS NEED TO KNOW ABOUT CALIFORNIA’S NEW COVID Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, COBRA PREMIUM ASSISTANCE UNDER THE AMERICAN RESCUE PLAN The Department of Labor (“DOL”) recently issued key guidance in the form of frequently asked questions (“FAQs”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“ARPA”). ). In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which can be found at the following

SHEPPARD MULLIN

In Narayan v.EGL, Inc., the employer, EGL, Inc. (“EGL”), is a global transportation company that provides “air and ocean freight forwarding, customs brokerage, local pickup and delivery service.”EGL is incorporated and headquartered in Texas, but it operates through a network of over 400 facilities in 100 countries. The case was brought by three drivers who were engaged to U.S. SUPREME COURT BACKS BROAD INTERPRETATION OF THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, NEW YORK STATE LEGALIZES RECREATIONAL MARIJUANA: WHAT On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act (the “MRTA”) into law, making New York the latest state to legalize recreational marijuana. The MRTA allows adults aged 21 and older to possess, purchase, display, obtain, and transport marijuana in limited quantities. WHISTLEBLOWER RETALIATION LAWSUITS ARE ABOUT TO BECOME Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, PAY DAY, EVERY DAY? INSTANT PAY APPS AND THEIR WAGE AND Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, NEUTRALITY AND LABOR PEACE AGREEMENTS Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, BACK TO THE JOINT EMPLOYER: HAVING CHANGED THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, PROPOSED BILL WOULD BAN EMPLOYEE NON-COMPETE AGREEMENTS IN Proposed Bill Would Ban Employee Non-Compete Agreements in Illinois. On February 6, Representative Natalie Manley filed House Bill 4699 with the Illinois House of Representatives. If enacted, the bill would amend the Illinois Freedom to Work Act (“IFWA”) with EMPLOYERS DO NOT NEED TO PAY EMPLOYEES FOR TIME THEY SPEND On February 1, 2006, a California Court of Appeal issued a published decision in Overton v.Walt Disney Company.The Court of Appeal held that Disney did not need to compensate its employees for the time they spent riding on a shuttle from the employee parking lot to the employee entrance because the employees were not required to park in the employee parking lot. LABOR & EMPLOYMENT LAW BLOG SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January 1, 2021. This new COVID-19 Supplemental Paid Sick Leave law allows covered employees to take up to an additional 80 hours of paid COVID-19 related sick leave. . Continue Reading. SIGNIFICANT UPDATES TO CAL/OSHA’S EMERGENCY TEMPORARY UPDATE: At its May 20, 2021, meeting, the Cal/OSHA Standards Board agreed to table its vote on the proposed revised Emergency Temporary Standards to allow Division staff time to draft potential revisions that would more closely align Cal/OSHA’s requirements with the CDC’s latest guidance concerning face coverings for fully vaccinated

individuals.

OSHA ADOPTS NEW COVID-19 NATIONAL EMPHASIS PROGRAM TO On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. LABOR COMMISSIONER ISSUES FAQS FOR SUPPLEMENTAL COVID-19 Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, COBRA PREMIUM ASSISTANCE UNDER THE AMERICAN RESCUE PLAN The Department of Labor (“DOL”) recently issued key guidance in the form of frequently asked questions (“FAQs”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“ARPA”). ). In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which can be found at the following NEW YORK STATE LEGALIZES RECREATIONAL MARIJUANA: WHAT On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act (the “MRTA”) into law, making New York the latest state to legalize recreational marijuana. The MRTA allows adults aged 21 and older to possess, purchase, display, obtain, and transport marijuana in limited quantities. EXPORT CONTROL HR PITFALLS TO AVOID WHEN HIRING Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, THE NINTH CIRCUIT PUTS THE BRAKES ON TRUCKERS’ CALIFORNIASEE MORE ON LABOREMPLOYMENTLAWBLOG.COM WHAT EMPLOYERS NEED TO KNOW ABOUT COLORADO’S NEW EQUAL PAY Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency.. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act

into law.

U.S. SUPREME COURT BACKS BROAD INTERPRETATION OF THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, LABOR & EMPLOYMENT LAW BLOG SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January 1, 2021. This new COVID-19 Supplemental Paid Sick Leave law allows covered employees to take up to an additional 80 hours of paid COVID-19 related sick leave. . Continue Reading. SIGNIFICANT UPDATES TO CAL/OSHA’S EMERGENCY TEMPORARY UPDATE: At its May 20, 2021, meeting, the Cal/OSHA Standards Board agreed to table its vote on the proposed revised Emergency Temporary Standards to allow Division staff time to draft potential revisions that would more closely align Cal/OSHA’s requirements with the CDC’s latest guidance concerning face coverings for fully vaccinated

individuals.

OSHA ADOPTS NEW COVID-19 NATIONAL EMPHASIS PROGRAM TO On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. LABOR COMMISSIONER ISSUES FAQS FOR SUPPLEMENTAL COVID-19 Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, COBRA PREMIUM ASSISTANCE UNDER THE AMERICAN RESCUE PLAN The Department of Labor (“DOL”) recently issued key guidance in the form of frequently asked questions (“FAQs”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“ARPA”). ). In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which can be found at the following NEW YORK STATE LEGALIZES RECREATIONAL MARIJUANA: WHAT On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act (the “MRTA”) into law, making New York the latest state to legalize recreational marijuana. The MRTA allows adults aged 21 and older to possess, purchase, display, obtain, and transport marijuana in limited quantities. EXPORT CONTROL HR PITFALLS TO AVOID WHEN HIRING Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, THE NINTH CIRCUIT PUTS THE BRAKES ON TRUCKERS’ CALIFORNIASEE MORE ON LABOREMPLOYMENTLAWBLOG.COM WHAT EMPLOYERS NEED TO KNOW ABOUT COLORADO’S NEW EQUAL PAY Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency.. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act

into law.

U.S. SUPREME COURT BACKS BROAD INTERPRETATION OF THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, CAL/OSHA APPROVES REVISED EMERGENCY TEMPORARY STANDARDS 1 day ago · After several fits and starts, on June 3, 2021, the Cal/OSHA Occupational Safety & Health Standards Board finally passed revised Emergency Temporary Standards (ETS) that now take into account employee vaccination status and loosening restrictions from the Centers for Disease Control (CDC) and California’s elimination of the colored Tier system. COBRA PREMIUM ASSISTANCE UNDER THE AMERICAN RESCUE PLAN The Department of Labor (“DOL”) recently issued key guidance in the form of frequently asked questions (“FAQs”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“ARPA”). ). In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which can be found at the following

VICTORIA HUBONA

1 day ago · Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, WHISTLEBLOWER RETALIATION LAWSUITS ARE ABOUT TO BECOME Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, PAY DAY, EVERY DAY? INSTANT PAY APPS AND THEIR WAGE AND Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, U.S. SUPREME COURT BACKS BROAD INTERPRETATION OF THE Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, NEUTRALITY AND LABOR PEACE AGREEMENTS Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, CALIFORNIA COURT OF APPEAL ADDRESSES UNLIMITED VACATION Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, PROPOSED BILL WOULD BAN EMPLOYEE NON-COMPETE AGREEMENTS IN Proposed Bill Would Ban Employee Non-Compete Agreements in Illinois. On February 6, Representative Natalie Manley filed House Bill 4699 with the Illinois House of Representatives. If enacted, the bill would amend the Illinois Freedom to Work Act (“IFWA”) with SUPREME COURT DEEMS PUBLIC-SECTOR UNION AGENCY FEES Supreme Court Deems Public-Sector Union Agency Fees Unconstitutional. On June 27, 2018, the United States Supreme Court ruled that mandated payment of so-called “agency fees” by non-union members in the public sector violated First Amendment principles protecting freedom of speech and association. In Janus v. By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy . If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here

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LABOR & EMPLOYMENT LAW BLOG Up-to-date Information on Labor & Employment Law EEOC TAKES A SECOND SHOT AT COVID-19: EMPLOYER VACCINE INCENTIVES APPROVED, SUBJECT TO EXCEPTIONS, BUT QUESTIONS REMAIN

By Rachel Moroski

& Ian

Michalak on

June 4, 2021

Posted in Coronavirus On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs.  The long-awaited guidance provides clarification regarding mandatory vaccinations, employer and third-party provided vaccine incentives, and confidentiality of vaccination information. The EEOC guidance left open some questions surrounding vaccine incentives, including what incentives will be deemed so substantial as to be coercive, and whether employers must offer incentives to workers who cannot receive the COVID-19 vaccine for religious or medical

reasons.…

Continue Reading EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions

Remain

SIGNIFICANT UPDATES TO CAL/OSHA’S EMERGENCY TEMPORARY STANDARDS ON

THE HORIZON

By David Chidlaw

, Brian Fong

& Ashley Hirano

on May 17,

2021

Posted in Coronavirus

,

Illness and Injury

,

Occupational Safety

_UPDATE:  AT ITS MAY 20, 2021, MEETING, THE CAL/OSHA STANDARDS BOARD AGREED TO TABLE ITS VOTE ON THE PROPOSED REVISED EMERGENCY TEMPORARY STANDARDS TO ALLOW DIVISION STAFF TIME TO DRAFT POTENTIAL REVISIONS THAT WOULD MORE CLOSELY ALIGN CAL/OSHA’S REQUIREMENTS WITH THE CDC’S LATEST GUIDANCE CONCERNING FACE COVERINGS FOR FULLY VACCINATED INDIVIDUALS.  PROPOSED DRAFT REVISIONS WILL BE POSTED BY MAY 28, 2021, AND THAT DRAFT WILL COME UP FOR A VOTE ON JUNE 3, 2021.  IF APPROVED, THE REVISED ETS WOULD BECOME EFFECTIVE ON JUNE 15, 2021. WE WILL PROVIDE FURTHER DETAILS AS THEY ARISE._ Prompted by increased availability of vaccine appointments, and broad eligibility for all U.S. adults and teenagers, the federal Centers for

Disease Control

(CDC) and California’s Department of Public Health (CDPH) have loosened restrictions with respect to fully vaccinated individuals, defined as those who are two weeks past their final required vaccination dose (second dose of either Moderna or Pfizer-BioNTech, or single dose of the Johnson & Johnson/Janssen vaccine).  Cal/OSHA now proposes to align itself with this guidance through proposed revisions to its Emergency Temporary Standards (“ETS”), which have been effective since November of 2020, just prior to the pandemic’s winter peak. … Continue Reading Significant Updates to Cal/OSHA’s Emergency Temporary Standards on the Horizon GOVERNOR SIGNS SWEEPING CHANGES TO ILLINOIS EMPLOYMENT LAWS

By Kevin Cloutier

, Shawn D.

Fabian & Umar

Sattar on May

12, 2021

Posted in Background Investigations

,

Equal Pay

, Equity

Compensation

,

Hiring ,

Illinois Employment Legislation Illinois’s Governor J.B. Pritzker recently signed Senate Bill 1480

into

law, establishing new employer certification and reporting requirements, making sweeping changes to Illinois’s anti-retaliation law, and curtailing employers’ uses of criminal convictions in employment decisions.  Effective immediately upon signing on March 23, 2021, the law impacts all employers doing business in Illinois. A summary of the amendments to the Illinois Equal Pay Act, Illinois Business Corporation Act, and Illinois Human Rights Act are detailed

below:…

Continue Reading Governor Signs Sweeping Changes to Illinois

Employment Laws

U.S. DEPARTMENT OF LABOR ANNOUNCES WITHDRAWAL OF TRUMP-ERA INDEPENDENT

CONTRACTOR RULE

By Jamie Moelis

& Kevin Smith

on May 10,

2021

Posted in Department of Labor

,

Fair Labor Standards Act (FLSA)

,

Independent Contractors On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an individual is properly classified as an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”).  The rule, which was rolled out two weeks before the end of President Trump’s term, was initially scheduled to take effect on March 8, 2021 but was delayed by President Biden until May 7, 2021. … Continue Reading U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule TABOOLA THE LATEST TARGET OF DOJ’S AGGRESSIVE ANTITRUST SCRUTINY OF

HIRING PRACTICES

By John Carroll

, Leo Caseria

& Katie Daw

on May 10, 2021

Posted in Antitrust

The Department of Justice, Antitrust Division (“DOJ”) continues to investigate hiring practices in a number of industries for potential antitrust violations as part of its effort to scrutinize, and in some instances, criminally prosecute, companies and individuals who enter into agreements with their competitors regarding hiring, wages, and solicitation of employees.… Continue Reading Taboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring Practices NEW YORK STATE LEGALIZES RECREATIONAL MARIJUANA: WHAT EMPLOYERS NEED

TO KNOW

By Christopher Collins

& Jamie

Moelis on

April 30, 2021

Posted in Cannabis Law

, New

York Employment Legislation On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act

(the

“MRTA”) into law, making New York the latest state to legalize recreational marijuana.  The MRTA allows adults aged 21 and older to possess, purchase, display, obtain, and transport marijuana in limited quantities.  The MRTA takes effect immediately, although the sale of recreational-use marijuana is not expected to become legal for at least another year.  The legalization of marijuana will have significant effects on many aspects of society in New York, including in the workplace.… Continue Reading New York State Legalizes Recreational Marijuana: What Employers Need to Know NEW LABOR OBLIGATIONS CONTAINED IN USMCA PRESENT RISKS FOR COVERED

EMPLOYERS

By Mario Torrico

, Aracely

Abarca ,

Matthew Sonne

& Laura Nava on

April 28, 2021

Posted in Collective Bargaining In effect since July 1, 2020, the United-States-Mexico-Canada Agreement (“USMCA”) replaced the North American Free Trade Agreement (“NAFTA”).  Although the worldwide COVID-19 pandemic largely overshadowed the effective date of this… Continue Reading New Labor Obligations Contained In USMCA Present Risks for Covered Employers CALIFORNIA ENACTS LAW REQUIRING CERTAIN EMPLOYERS TO OFFER OPEN POSITIONS TO LAID OFF EMPLOYEES IN THE TRAVEL AND HOSPITALITY

INDUSTRIES

By Melissa Hughes

on April 27,

2021

Posted in California Legislative Update

,

Coronavirus

, Hiring

As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries.  Beginning April 16, 2021, Senate Bill 93

will…

Continue Reading California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality Industries GOVERNOR TO CONSIDER SIGNIFICANT NEW HEALTH AND SAFETY OBLIGATIONS AS NY HERO ACT PASSES STATE LEGISLATURE

By Eric Raphan

& Lindsay

Colvin Stone

on April 27, 2021

Posted in Coronavirus

, New

York Employment Legislation

,

Occupational Safety

On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act

(the “HERO

Act” or the “Act”) to Governor Andrew Cuomo for… Continue Reading Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature COBRA PREMIUM ASSISTANCE UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 – WHAT EMPLOYERS SHOULD KNOW

By Michael Chan

& Betsy Luxenberg

on April

14, 2021

Posted in Coronavirus

,

Department of Labor

,

Health

The Department of Labor (“_DOL_”) recently issued key guidance in the form of frequently asked questions (“_FAQS_”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“_ARPA_”).  In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which can be found at the following link: https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra/premium-subsidy.… Continue Reading COBRA Premium Assistance Under the American Rescue Plan Act of 2021 – What Employers Should Know LABOR COMMISSIONER ISSUES FAQS FOR SUPPLEMENTAL COVID-19 PAID SICK

LEAVE LAW

By Michael Campbell

& Kelly

Hensley on

March 29, 2021

Posted in California Legislative Update

,

Coronavirus

, Leaves

of Absence

,

Paid Leave

, Paid

Sick Leave

In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave.  You can read it here

.

SB 95 creates California Labor Code Sections 248.2 and 248.3.  It goes into effect on March 29, 2021, and _APPLIES RETROACTIVELY_ to January 1, 2021.  This new COVID-19 Supplemental Paid Sick Leave law allows covered employees to take up to an _ADDITIONAL_ 80 hours of paid COVID-19 related sick leave.… Continue Reading Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law

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June 2002

RECENT UPDATES

* EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain * Significant Updates to Cal/OSHA’s Emergency Temporary Standards

on the Horizon

* Governor Signs Sweeping Changes to Illinois Employment Laws * U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule * Taboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny

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