The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). The Circuit Court determined that the California Trucking Association (“CTA”) is unlikely to succeed on the merits of its district court claim that AB 5 is preempted by the Federal Aviation Administration Authorization Act of 1994 (“F4A”). This decision may have far-reaching consequences for not only California motor carriers but also California businesses and consumers due to increased costs of employing truckers and potentially owning and maintaining fleets of trucks.
Archives for May 5, 2021
OSHA Targets Restaurant Industries for COVID-19 Inspections
Restaurants should be on higher alert for potential inspections from the Occupational Safety and Health Administration (OSHA) in light of the agency’s recent Updated Interim Enforcement Response Plan for COVID-19 and National Emphasis Program — Coronavirus Disease 2019 (COVID-19).
South Carolina Governor Signs COVID-19 Liability Immunity Act Into Law
South Carolina Governor Henry McMaster has signed the “South Carolina COVID-19 Liability Immunity Act” into law, providing legal immunity to certain businesses that reasonably adhere to public health guidance in effect at the time an applicable COVID-19-related claim arises.
James Shea and Allison Dearington Spotlighted for Defending Women-Only Workout Areas
James Shea and Allison Dearington are spotlighted for defending privacy rights associated with women-only workout areas in fitness centers before the Connecticut Supreme Court in “Meet The Attys Defending Women-Only Workout Areas,” published by Law360.
Laura Mitchell Discusses Executive Order Increasing Minimum Wage for Federal Contractors
Laura Mitchell discusses the eligibility and logistical implications of a recent executive order from the Biden Administration raising the minimum wage for federal contractors to $15 per hour in “What the Executive Order Requiring Federal Contractors to Pay a $15 Minimum Wage Will Mean,” published by Government Executive.
EEOC Scores, Despite a Tumultuous 2020: Key Takeaways for Employers
Although the novel Coronavirus caused many industries to slow their normal operations last year, the Equal Employment Opportunity Commission remained largely steady, scoring a number of significant settlements from employers.
ERISA Claims: How Can Benefits Be An Employer’s Burden?
Employers should develop and implement the most compliant and risk adverse benefits plans, but the plaintiff’s bar will still search for loopholes. Investment fees and loss, COBRA litigation and healthcare claims are only a few of the issues facing employers in 2021.
Resource Update: 2021 Desk Reference Provides Guidance to New Jersey Employers on State Employment Laws
Employers in New Jersey must comply with a number of state laws and regulations that often impose different or more stringent requirements on employers than those imposed by federal law. Attorneys in FordHarrison’s Berkeley Heights, New Jersey, office have prepared the New Jersey Employment Law Desk Reference to provide guidance to employers on the various New Jersey state laws.
COVID Restrictions Will Be Lifted in PA, NJ and DE
Pennsylvania – Mitigation Orders, Except Masking, Will Be Lifted on Memorial Day
On May 4, 2021, the Wolf administration announced that mitigation orders for Pennsylvania will be lifted on Memorial Day, Monday, May 31, 2021, but masks will still be required. The current order requiring Pennsylvanians to wear masks will
Littler Lightbulb: Wage and Hour Developments During the First 100 Days of the Biden Administration
Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration.
Jamie Dimon, fed up with Zoom calls and remote work, says commuting to offices will make a comeback
While Jamie Dimon is fine with the greater flexibility allowed by employees working from home part time, that’s no substitute for being at the office, the JPMorgan chief said.
Can Saying The ‘N-Word’ Create A Hostile Work Environment?
The Supreme Court has been asked to decide an issue that has sowed confusion among the various appellate courts around the country: can a single workplace use of the N-word constitute a hostile work environment under Title VII of the 1964 Civil Rights Act?
Companies are stealing pay from low-wage workers, report says
On a Tuesday afternoon last June, Humberto was yanking old wires from the walls of a middle school in suburban Birmingham, Alabama, when his cellphone rang.
COVID exposed issues plaguing essential workers. Now let’s fix them, lawmakers say
Essential workers were praised for staying on the job during the coronavirus pandemic, but as the region moves more into an economic recovery, experts and advocates fear those workers might be left behind.
Use Employee Personas To Design Employee Experience For A Hybrid Workforce
Companies that adopt a hybrid workforce model need to rethink their employee experience (EX).
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