In a rare victory for employers, a California Court of Appeal in Wilson v. The La Jolla Group, 2021 WL 940283 (3/12/2021) affirmed the trial court’s denial of class certification of independent contractors’ wage and hour claims who alleged they were misclassified. The Court of Appeal, however, reversed the trial court’s denial of class certification as to whether a class could be certified to determine whether the business misclassified the Plaintiffs and violated California’s wage statement requirements, and directed the trial court to review the evidence further. The Wilson Court affirmed long-standing class action principles that certification requires a predominance of common questions of law and fact where liability must be demonstrated by an employer’s uniform policy or consistent practice that violates wage and hour laws. The Court held that Plaintiffs failed to demonstrate predominance due to a wide variety of factual differences among the contractors.
Archives for March 22, 2021
Connecticut Rolls Back COVID-19 Safe Workplace Rules
Beginning March 19, 2021, businesses in Connecticut will no longer be obligated to follow the Sector Rules or Safe Workplace Rules for Essential Businesses that have been issued during the COVID-19 pandemic. The Connecticut Department of Economic and Community Development (DECD) has issued new recommendations in its reopening guidance.
Massachusetts Stepping Up COVID-19 Reopening, Replaces Travel Order With Advisory
Massachusetts Governor Charlie Baker has announced the state will advance to Step 1 of Phase IV of its COVID-19 Reopening Plan on March 22, 2021. At that time, the state will enforce a scaled back Travel Advisory.
Laura Mitchell Discusses Enforcement of Colorado Pay Transparency Law
Laura Mitchell discusses the prospective enforcement implications of a new law requiring Colorado employers to disclose salary information in job listings in “Here’s what Colorado employers risk under new law if job postings don’t include salary info,” published by the Denver Business Journal.
Jenifer Bologna, Richard Greenberg, Sarah Skubas and Henry Shapiro Co-Author “New York Employees Are Entitled to Paid Time Off for COVID-19 Vaccinations”
Gregg Clifton and Ben Tulis Co-Author “Student-Athlete Name, Image and Likeness Rights in 2021 and Beyond”
Gregg Clifton and Ben Tulis co-author “Student-Athlete Name, Image and Likeness Rights in 2021 and Beyond,” published by Law.com.
Jeffrey Brecher and Justin Barnes Discuss States Challenging Elimination of 80/20 Rule
Jeffrey Brecher and Justin Barnes discuss the implications of eight states and the District of Columbia filing a lawsuit challenging the U.S. Department of Labor’s decision to eliminate a rule allowing employers to take a tip credit for workers who spend less than 20 percent of their shifts performing non-tipped duties in “Labor Department Is Working on New Tip-Sharing Rule,” published by SHRM.
Why Executive Compensation Clawbacks Don’t Work
And how to fix them.
Why Do British Uber Drivers Deserve Better Benefits?
Gig work doesn’t have to be a race to the bottom.
During Covid-19, Why Are Workers So Disengaged? Blame the Boss
The difference between employees who see the pandemic as an opportunity or a threat comes down to their mind-set
Bosses Are Clueless That Workers Are Miserable and Looking to Leave
A Microsoft study finds 41% of workers may quit this year, while business leaders are “out of touch.”
Will SCOTUS Let Corporations Limit Labor Unions’ Rights Again?
The case concerns an attempt to expand a part of the Constitution that James Madison wrote in response to how the government behaved during the Revolutionary War.
30 Years After Anita Hill, We Should All Know What Sexual Harassment Is
Governor Cuomo championed the laws that made it easier to punish workplace harassment. Why is he unclear about them?
How To Confront Injustice In The Workplace, According To Best-Selling Author Kim Scott
One in four black workers reports discrimination at work, according to Gallup.
Microsoft to Ease Workers Back to the Office Starting Next Week: Live Updates
Microsoft announced Monday that it would begin allowing more workers back into its headquarters in Redmond, Wash., starting on March 29.