CDF Labor Law LLP (CDF) proudly congratulates seven partners who were recognized in The Best Lawyers in America© for 2022 and four associates who were recognized in the 2022 Best Lawyers in America© “Ones to Watch” for various employment-related practice areas from metropolitan areas throughout California. In addition, Founding Partner Tim Freudenberger was named by Best Lawyers as the 2022 “Lawyer of the Year” in Class Actions – Defense, in Irvine, California for the third time.
Archives for August 23, 2021
Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how these developments impact business operations and litigation strategies for California employers as they navigate the rocky PAGA terrain.
CDF’s Partners Corey Cabral, Chair of the firm’s PAGA Litigation Practice Group, and Amy Williams, an experienced PAGA litigator, will discuss how pandemic-related business decisions and new California court opinions have created new PAGA claims and introduced new variables in PAGA litigation.
In particular, the presenters will offer insights on:
– Frequent sources of PAGA lawsuits.
– Liability that may arise from work-from-home arrangements, new compensation/bonus plans, staffing issues, and workplace safety requirements.
– Regular rate, wage statement, meal/rest period premium, and timekeeping requirements addressed in recently published opinions.
– Developing PAGA litigation strategies regarding the plaintiff’s standing, jurisdiction and venue.
This information will assist corporate counsel, California business owners and HR professionals in identifying and addressing potential risks related to these developments, and in implementing strategies for effectively mitigating potential liability.
The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President Harris casting the tie-breaking vote, Abruzzo will oversee the NLRB’s field offices and will shape the interpretation and application of the National Labor Relations Act (NLRA) by determining which cases to bring to trial and which legal theories to present. In public statements, Abruzzo has stated she believes “vigorous enforcement of the [NLRA] will help level the playing field for workers and their freely chosen representatives.”
The City of Boston has announced that, in response to the ongoing COVID-19 pandemic, it will require individuals to wear face coverings “whenever they are indoors on the premises of a business, club, place of assembly or other place that is open to members of the public, including but not limited to retail establishments, restaurants, bars, performance venues, social clubs, event spaces, and municipal buildings.”
Juan Felipe Santos, Sara Colón-Acevedo and Karla Carrillo-Russe co-author “Medical Cannabis Patients in Puerto Rico Gain Employment Protections,” published by SHRM.
Felice Ekelman discusses challenges facing hospitality employers in the wake of an industry-wide labor shortage brought by the COVID-19 pandemic in “Pandemic Tests Hospitality Industry At Midyear Point,” published by Law360.
David Hoiles and Abbey Jahnke co-author “California Mandates Vaccination for Health Care Workers by Sept. 30,” published by SHRM.
Laura Mitchell and Christopher Patrick discuss the practical implications of the U.S. Equal Employment Opportunity Commission extending its EEO-1 reporting deadline in “EEOC Makes Final Extension to EEO-1 Reporting Deadline,” published by SHRM.
Alex Glaser, a partner in the Tax Practice Group, and Curt Hearn, a partner in and co-leader of the Corporate Practice Group, authored the Construction Executive article “Is the Employee Retention Tax Credit a Windfall or a Nonstarter?” Alex and Curt explain how construction companies can utilize the ERTC to earn refundable tax credit for wages paid to employees during periods of shutdowns or significant declines in revenue; what criteria companies must meet to qualify for the credit; and special considerations for construction employers.
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that the firm has been awarded ISO 27001 certification by Schellman & Company, LLC. FordHarrison is one of a limited number of law firms to achieve this highly recognized certification for information security management.
As we previously discussed here, New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) contains several protections for New Jersey employees who use recreational cannabis, while also reserving for employers the right to drug test under certain conditions. The most controversial twist in CREAMMA is that drug tests of employees and applicants must be accompanied by a “physical examination” conducted by a person who has been certified to recognize drug impairment. The New Jersey Cannabis Regulatory Commission (the “Commission”) was tasked with establishing a Workplace Impairment Recognition Expert (“WIRE”) certification program to train and certify persons to conduct these “physical evaluations” on behalf of employers. The Commission has until August 21, 2021 to implement CREAMMA regulations.
When Norma Jasso first started working from home in March 2020, she thought it was fun.
The investigation into allegations of sexual harassment against New York Gov. Andrew Cuomo have led to his resignation and to reinforcing necessary conversations and understandings about workplace sexual harassment
The oil and gas giant Chevron will require some of its employees to receive coronavirus vaccinations, becoming the first major U.S. oil producer to announce that it was requiring field workers to be protected against the virus at a time when other large corporations are making similar demands on office workers.