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ten most recent state employment law articles Ten Most Recent State Law Articles

Supreme Court’s Decision Not To Review California’s Arbitration Framework Means We Have A Roadmap For Compliance

Fisher Phillips • October 17, 2019
The U.S. Supreme Court just did something that was more than just a bit out of character—it rejected the opportunity to find that California had once again overstepped its bounds by creating judicial rules disfavoring arbitration. It did so by rejecting the highly watched petition for certiorari that arose from Ramos v. Winston & Strawn. The October 7 determination not to take up the case for review means that we will have to live with the current state of affairs for the time being, but we now have a solid game plan for crafting arbitration agreements that comply with state law.

California AB 51 Bans Mandatory Employment Arbitration Agreements

Littler Mendelson, P.C. • October 17, 2019
On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short on certainty, as it raises several questions and will likely face legal challenges.

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler Mendelson, P.C. • October 17, 2019
In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On October 17, 2019, DLI submitted its final regulation to the state’s Independent Regulatory Review Commission (IRRC) and legislative oversight committees. IRRC will hold a public meeting on November 21, 2019 to decide whether to approve the final regulation. If it is approved, the final regulation would increase the EAP salary threshold under Pennsylvania law to:

San Antonio City Council Approves Changes to Paid Sick Leave Ordinance

Ogletree Deakins • October 17, 2019
In response to a lawsuit filed by a number of San Antonio business groups, the San Antonio City Council approved certain revisions to the city’s paid sick leave (PSL) ordinance, including renaming it the Sick and Safe Leave (SSL) ordinance. The SSL ordinance is scheduled to become effective on December 1, 2019.

California Appellate Court Applies Dynamex Retroactively

FordHarrison LLP • October 16, 2019
Introduction: For a little over a year, California employers and courts have been wrestling with the impact of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), which dramatically altered the independent contractor landscape in the Golden State last year. Dynamex upended a long-standing multi-factor test which had been applied to determine if a worker was an employee or an independent contractor, ushering in the new “ABC test.” One of the main unresolved questions left in the wake of Dynamex was whether the new “ABC test” applies retroactively.

New California Law Prohibits Most Mandatory Arbitration Agreements—For Now

Fisher Phillips • October 16, 2019
Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those brought under the Labor Code.

Littler Global Guide - Puerto Rico - Q3 2019

Littler Mendelson, P.C. • October 16, 2019
Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

Prepping for the Polls: What Employers Need to Know as New Yorkers Get Ready to Vote

Ogletree Deakins • October 16, 2019
As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote. Since April 2019, all employers have been required to provide their New York employees who are registered voters with up to three hours of time off to vote without loss of pay. The time off to vote must be given at the beginning or end of an employee’s working hours, unless the employer and employee agree otherwise. An eligible employee seeking to take such time off must notify his or her employer at least two working days before the election.

Ground Shifts Under California Employers As Governor Signs Flurry Of Significant Legislation

Fisher Phillips • October 16, 2019
First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the rules for the use of independent contractors, to a general prohibition on “no-rehire” clauses in settlement agreements. This legal alert highlights the top employment legislation signed into law, including several signed in the last few days leading up to yesterday’s deadline for bills to be signed or vetoed. It also includes links to much deeper dives into these specific measures. California employers will want to read each of these articles closely.

California Amends CCPA, Imposing Fewer Requirements on Employee Data Prior to January 1, 2020

Ogletree Deakins • October 16, 2019
On October 11, 2019, Governor Gavin Newsom signed into law Assembly Bill (AB) 25, which amends the California Consumer Privacy Act of 2018 (CCPA). AB 25 seeks to ease the pain for employers struggling to comply with the CCPA, which goes into effect on January 1, 2020.
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