It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter initiative that allows app-based hiring entities to classify certain workers as independent contractors if they meet specific conditions. Proposition 22 was a response to AB 5, which codified a 2018 decision that is the subject of this article.
Archives for January 19, 2021
The DOL Releases Opinion Letters Regarding the Participation of Hosts and Hostesses in Tip Pools and the Proper Calculation of Overtime for Certain Tipped Employees
On January 15, 2021, the U.S. Department of Labor’s Wage and Hour Division released two opinion letters providing guidance on two respective issues pertaining to tipped employees.
Driving in Reverse? Uber/Lyft Drivers Seek to Undo California’s Proposition 22
Introduction: On January 12, 2021, Uber and Lyft drivers became the first gig workers to challenge Proposition 22, just two months after voters passed it into law on the November 2020 ballot. Prop 22 permits app-based hiring entities to classify workers as independent contractors rather than employees, provided they meet certain conditions, such as a minimum wage, reimbursement for vehicle expenses, occupational accident insurance, healthcare subsidies, and other protections. (Prop 22 is discussed in further detail here).
Virginia Implements Permanent Workplace Safety Measures in Response to COVID-19
On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19. Previously in May 2020, Virginia became the first state to issue temporary COVID-19 workplace safety standards when Governor Ralph Northam issued an executive order requiring most private employers provide personal protective equipment to their employees, ensure social distancing in the workplace, and sanitize workstations, among other measures. For more information on Virginia’s emergency workplace safety rules, please see FordHarrison’s July 17 and July 29, 2020 Legal Alerts.
FordHarrison Adds Two New Associates
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that two new associates, Melissa M. Castillo, Tampa and Erica Johnson, Memphis, have joined the firm.
2020 Wage & Hour Developments: A Year in Review
In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal and state level.
EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures
For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs.
New OSHA Site-Specific Inspection Directive Targets Workplaces with Highest Injury and Illness Rates
Increased enforcement of workplace safety and health regulations is on the horizon and it will not be all about COVID-19. In December, the U.S. Department of Labor updated the Occupational Safety and Health Administration’s (OSHA) Site-Specific Targeting (SST) Directive inspection program, emphasizing recordkeeping requirements.
Will Trend of Favorable Decisions From Occupational Safety and Health Review Commission Last?
The Occupational Safety and Health Review Commission (OSHRC) has issued three new decisions that appear to continue a favorable trend. On December 31, 2020, the quasi-judicial body overseeing enforcement actions by the Occupational Safety and Health Administration (OSHA) vacated a serious citation, overturned a trial judge’s credibility determination, and found an understandable mistake was an unforeseeable error.
Brian L. McDermott Elected to Indiana Chamber of Commerce’s Board of Directors
Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Indianapolis Office Managing Principal Brian L. McDermott has been elected to the Indiana Chamber of Commerce’s Board of Directors.
DMEC Announces Francis P. Alvarez as New Board Member
Jackson Lewis P.C., one of the country’s preeminent workplace law firms, and the Disability Management Employer Coalition (DMEC), announced two new board members, Francis P. (Frank) Alvarez, Principal at Jackson Lewis P.C. and Jeff Oldham, Chief Revenue Officer at Nayya, have joined its Board of Directors.
Brian Johnston and Suzanne Odom Co-Author “Top Considerations for Adopting FSA Funding Relief”
Brian Johnston and Suzanne Odom co-author “Top Considerations for Adopting FSA Funding Relief,” published by SHRM.
How to Support an Employee with a Chronic Health Condition
60% of U.S. adults have at least one chronic health condition — and that doesn’t include Covid-19 long-haulers.
Who’s Radical Now? The Case of Minimum Wages
Evidence has a well-known liberal bias.
Will cannabis legalization prompt changes to workplace policies?
The legalization of recreational adult-use cannabis appears to be on the horizon in New York state.
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