A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent contractor or employee under their arbitration agreement.
Archives for April 19, 2022
OSHA Proposes Expanding Electronic Recordkeeping Rule to Add Smaller Employers
The Occupational Safety and Health Administration (OSHA) has published a proposed rule to restore and expand Obama-era requirements for high-hazard employers with at least 100 employees to submit their injury and illness forms electronically to the agency.
New York Employers Must Disclose Electronic Workplace Monitoring
Employers often monitor employees for a number of reasons, including to ensure workplace policies and procedures are followed, to detect illegal behavior such as trade secret theft, or to comply with regulatory obligations. As a result, many employers provide notice of electronic monitoring as a matter of practice, via their employee handbooks.
NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count
Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to reinstate the Joy Silk doctrine, a Board standard that was rejected more than 50 years ago.
Employers Take Note! Labor’s Resurgence Could be Real this Time
Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National […]
NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board (NLRB) General Counsel Jennifer […]
Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law
On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate boards—violated the Equal Protection Clause of the California Constitution and was therefore unenforceable. In its ruling, the court
U.S. Virgin Islands Enacts CROWN Act to Ban Discrimination on the Basis of Hair Texture and Protected Hairstyles
On April 11, 2022, U.S. Virgin Islands Governor Albert Bryan Jr. signed into law Act No. 8553, “The Creating a Respectful and Open World for Natural Hair Act of 2022” or “The Virgin Islands Crown Act of 2022,” which prohibits discrimination based on hair texture or hairstyle.
Littler’s Ryan Forrest Selected for Two Leadership Appointments in Florida
MIAMI (April 18, 2022) – Ryan Forrest, an attorney in the Miami office of Littler, the world’s largest employment and labor law practice representing management, has been accepted into the Leadership Miami Class of 2022 and appointed to the Florida Bar Federal Court Practice Committee by its president.
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Getting Local: San Jose Minimum Wage and Opportunity to Work Ordinance
It is important that employers in California not only know the multitude of statewide employment regulations but also familiarize themselves with local ordinances in the California cities where employees work.
The following are some of the important ordinances employers with operations in the City of San Jose should be aware
Bosses Don’t Follow Their Own Advice in Returning to the Office
Bosses are hellbent on getting their staff back into the office. It’s just that the rules don’t necessarily apply to them.
Workers are back in offices. Why does it feel so weird?
After two years of isolation, the return to offices has been a master class in awkwardness.
In a first, Apple store workers at Grand Central Terminal sign union cards
As a wave of worker organizing sweeps the U.S., Apple employees could be the next to unionize.
Guest opinion: What to do if you’re being sexually harassed in the workplace
Utahns are known for their niceness.
He never wanted a birthday party at work. A jury awarded him $450,000.
Kevin Berling’s birthday was fast approaching and, because he didn’t want to start hyperventilating, shaking and crying at work, he knew he had to stop his colleagues from throwing a party.