Activists looking to eliminate the sub-minimum wage for tipped employees — a practice that they say keeps workers in poverty, encourages sexual harassment and leads to racial discrimination — are taking a new approach in their campaign to end the two-tiered wage system in America
Archives for September 2020
What’s worse than experiencing harassment and discrimination? How about experiencing harassment and discrimination with nowhere to turn for help?
Welcome to the “new normal” in the workplace – which is pretty much still the same when employees talk about their bosses. The upper crust lives in a different reality despite the wrenching changes taking place across the global economy due to the COVID-19 pandemic.
On September 22, 2020, the US Department of Labor (DOL) issued a proposed rule offering employers guidance on whether workers should be classified as employees or independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule was published in the Federal Register on September 25, 2020. There is a 30-day comment period during which the public may provide comments or ask questions about the proposed rule. This process may lead to changes in the proposed rule. Further, there may be attempts to stop or stall implementation of this proposed rule until after the November elections.
Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an unemployment insurance (UI) benefit program that gives employers the option of reducing employee hours
On September 28, 2020, Governor Newsom signed Assembly Bill 2043 (“AB 2043”) which tasks the Division of Occupational Safety and Health within the Department of Industrial Relations (“Cal/OSHA”) with conducting a statewide outreach campaign to apprise Agricultural employees of best practices for coronavirus (“COVID-19”) infection prevention and their right to
On September 28, 2020, the Governor signed, Assembly Bill 3369 (“AB 3369”), which changes obligations of harassment prevention training for minors working in the entertainment industry and their guardians. This bill compliments recently signed Assembly Bill 3175. Before the issuance of an entertainment work permit to a minor, existing law
Earlier this month, our Immigration Group colleagues reported the Department of Homeland Security (DHS) would release a new regulation to expand the collection of biometric data in the enforcement and administration of immigration laws. However, as reported by Roll Call, a DHS Inspector General report raised significant concerns about
On September 28, 2020, Governor Newsom signed Assembly Bill 2992, which imposes further limitations on employers from discharging, discriminating, or retaliating against an employee who is a victim of crime or abuse. Before the passage of this legislation, under Labor Code section 230, employers were prohibited from discharging an employee
The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg will likely bring with it many shifts in the Court on key issues, among which are matters regarding the Telephone Consumer Protection Act (TCPA), most imminently – what qualifies as an auto dialer. The TCPA has been ever evolving in
As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping. The executive order directs OFCCP to
establish a hotline and investigate complaints received under both this order as well as Executive Order 11246. . . .
Currently, I am working as a full-time engineer, and my boss is giving me a hard time. The problem is that my boss may fire me soon like in 2 or 3 weeks, so I want to get prepared for this early sudden termination.
Do I have to collect some
(September 29, 2020) – Littler, the world’s largest employment and labor law practice representing management, has appointed Shareholders Emily T. Patajo (Los Angeles-Century City) and Theodore A. Schroeder (Pittsburgh) as co-chairs of its award-winning Career Advocacy Program (CAP).
San Francisco Littler attorneys Julie Stockton and Courtney Chambers address gender identity and sexual orientation issues in the workplace. In this episode they are joined by Anne Sanchez LaWer, an employee benefits attorney in Littler’s San Jose office, as they discuss the implications of the recent Supreme Court ruling
On September 28, 2020, Governor Newsom signed Assembly Bill 1731 (“AB 1731”), which creates an alternative process for employers to submit and be approved for work-sharing plan programs. Previously some employees would be eligible for unemployment benefits if they were working less than their usual weekly hours and their employer