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Potential Pitfalls in Your Remote Work Policy
July 28, 2022 • Anne-Marie Mizel
Category: Legal Updates
Almost every business uses remote workers these days. But the potential pitfalls of remote work include potential legal liability if care isn’t taken to ensure legal compliance.
The CROWN Act: Protecting Austin Employees from Hair Discrimination
July 8, 2022 • Jordan A. Fishman
Category: Legal Updates
With its implementation of the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act in June, the City of Austin joins twelve states who have passed legislation amending the definition of the word “race” to include protections against hair discrimination. As a result, the City Code’s definition of “unlawful employment practice” will include “protective hairstyles,” which means a hairstyle necessitated by, or resulting from, the characteristics of a hair texture or hairstyle commonly associated with race, national origin, ethnicity, or culture, and includes, but is not limited to:
UPDATE: Los Angeles City Council Formally Adopts Hotel Workers Ordinance Today
June 28, 2022 • Christina Tantoy
Category: Legal Updates
Earlier today, the Los Angeles City Council voted to skip the November ballot process and instead formally approve the City of Los Angeles Hotel Workers Ordinance (also known as the “Workplace Security, Workload, Wage and Retention Measures for Hotel Workers Initiative Ordinance”).
New Regulations Regarding Tipped Employees in Pennsylvania
June 23, 2022 • Anne-Marie Mizel
Category: Legal Updates
Pennsylvania employers must take note of major changes to Pennsylvania’s regulations regarding tipped employees that will take effect on August 5, 2022. Many of these changes differ from federal law, but must be followed, because the federal Fair Labor Standards Act states that any state law more favorable to employees than the FLSA will take precedence. Key changes are as follows:
Supreme Court Rules California Employee Is Bound By Arbitration Agreement She Signed and Thus, Lacks Standing to Bring Non-individual PAGA Claims Against Her Employer
June 17, 2022 • Shirley A. Gauvin
Category: Legal Updates
On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA). The Court’s decision means employees who signed arbitration agreements may not avoid arbitration of their individual PAGA claims. Further, once an employee’s PAGA claim is in arbitration, they have no standing to bring PAGA claims on behalf of other employees in court.
New York will likely become the latest state to enact a “pay transparency” law, which, if passed as written, would require New York employers with four or more employees to include wage scales or salary ranges on any job postings for positions within the state. The bill, Senate Bill S9427, passed the New York State Legislature on June 3, 2022, and now awaits the approval of Governor Kathy Hochul. Senate Bill S9427 follows the passage of a similar New York City law that is set to take effect on November 1, 2022.
San Francisco’s Family Friendly Workplace Ordinance
June 13, 2022 • Jordan A. Fishman
Category: Legal Updates
Beginning on July 12, any employer with 20 or more employees who has workers either working in or teleworking out of San Francisco will need to comply with the amended version of the Family Friendly Workplace Ordinance (“FFWO”), which may be found here.
California Supreme Court Holds Premium Pay for Missed Breaks Constitutes “Wages” That Must Be Reported on Wage Statements and Paid Within Statutory Deadlines Upon Termination.
May 25, 2022 • Diana Lerma, Shirley A. Gauvin
Category: Legal Updates
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to claims under Labor Code sections 203 (waiting time penalties) and 226 (inaccurate wage statements).
New Los Angeles Hotel Workers Ordinance Goes to City Council for Outright Adoption or Voter Approval
May 19, 2022 • Christina Tantoy
Category: Legal Updates
The “Hotel Workers Initiative Ordinance” – a proposed hotel workers’ protections ordinance backed by UNITE HERE Local 11 – would require hotels in the City of Los Angeles to give additional protections and benefits to hotel workers. Earlier this month, dozens of hotel workers delivered the requisite petition of signatures to the Los Angeles City Clerk to qualify the Ordinance for presentation to the City Council. Now the City Council will decide whether to put the Ordinance on the voter ballot in November or outright adopt the law.
For the third time, California has re-adopted and revised its COVID-19 Prevention Emergency Temporary Standards (“ETS”), mirroring current State and local regulations easing pandemic-related restrictions. While the ETS still require employers to establish and train employees on written prevention programs, Cal-OSHA has now removed several protocols including indoor masking, cleaning and disinfection, and vaccination status distinctions.