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If you are considering settling your employee’s workers’ compensation claim and hoping to avoid further litigation, be aware of the Adrian Camacho v. Target Corporation decision by California’s Fourth District Court of Appeal.
California’s Division of Occupational Safety and Health (“Cal-OSHA”) has approved new regulations to prevent workplace injuries to those working in the housekeeping and hospitality industry.
Cities of Los Angeles and Santa Monica Announced Annual Increased Minimum Wage for Hotel Workers
May 24, 2018
Category: Legal Updates
The City of Los Angeles announced its Citywide Hotel Worker Minimum Wage increase, which applies to hotels in the City of LA with 150 or more rooms.
Class Action Waivers Are Lawful and Should Be Enforced
May 21, 2018 • Jordan A. Fishman
Category: Legal Updates
Today, the Supreme Court issued a 5-4 decision holding that employers are not violating the National Labor Relations Act by requiring employees to sign class action waivers in arbitration agreements as a condition of their employment. Rejecting the NLRB’s position that class waivers violate a workers’ right to engage in concerted action, the majority held that mandatory arbitration agreements, which bar employees from joining together in a class-action lawsuit to settle disputes over wages and working conditions, must be enforced.
California Supreme Court Adopts "ABC Test"—Sets Stricter Standards for Classifying Independent Contractors
May 4, 2018
Category: Legal Updates
Determining whether a worker is properly classified as an employee or independent contractor can be difficult. California recently made this determination less challenging by providing a more rigid test.
NLRB Relaxes Enforcement of Workplace Rules Aimed To Restrict Employee Discussion over Grievances and Unionization
April 30, 2018
Category: Legal Updates
The National Labor Relations Act (NLRA) protects the employee right to engage in “concerted activities for the purpose of . . . mutual aid or protection.” This includes not only the right to support a union, but also simply the right of employees to converse among themselves on issues affecting their employment. Consequently, any workplace rule explicitly infringing on this right, as well as any rule applied so as to cause such infringement, can be held unlawful. For example, if employees regularly get together before or after work, during which gripes and grievances (or unions) can be discussed, a workplace rule restricting these gatherings will generally be held unlawful.
California/OSHA Approves New Hotel Housekeeping Injury Standard
April 30, 2018 • Anne-Marie Mizel
Category: Legal Updates
On January 18, 2018, California’s Department of Industrial Relations Occupational Safety & Health Standards Board, approved a proposed regulation requiring hotel employers to maintain “an effective, written, musculoskeletal injury prevention program (MIPP) that addresses hazards specific to housekeeping.”
Criminal Conviction for Violation of Santa Monica Minimum Wage Ordinances
April 30, 2018 • Anne-Marie Mizel
Category: Legal Updates
In July 2016, Santa Monica enacted two minimum wage ordinances, one specific to hotel workers (the “Hotel Workers Living Wage Ordinance”), and the other to any employees of an employer in Santa Monica (“Minimum Wage Ordinance”).
California’s “Immigrant Worker Protection Act” (“AB 450”) went into effect on January 1, 2018. This Act prohibits California employers from allowing an ICE agent to search a worksite by an ICE agent without proper, legal documentation. Employers may not provide ICE agents access to employee records without a subpoena or warrant, with the exception of Form I-9’s and other documents for which the employer receives a Notice of Inspection.
California’s New Parent Leave Act (S.B. 63), which requires small business employers (20-49 employees) to provide employees with 12 weeks of unpaid, job-protected parental bonding leave went into effect on January 1, 2018.