The 9th Circuit just delivered some good news to California employers: they may now force employees to sign arbitration agreements as a condition of employment. In 2019, the California Assembly enacted AB 51 to protect employees from “forced arbitration” by making it crime to require an existing employee or applicant to consent to arbitrate workplace disputes. This week, the Court determined that AB 51 is preempted by the Federal Arbitration Act, which precludes states like California from enacting any laws that discriminate against arbitration by discouraging or prohibiting the formation of an arbitration agreement.
Archives for February 2023
Important New DOL Guidance on the FMLA
The federal Department of Labor recently issued new guidance on the federal Family and Medical Leave Act (“FMLA”). Covered employers should pay careful attention to these developments.
Tracey Wallace Comments on Addressing Mental Health Accommodations in the Workplace
Tracey Wallace comments on the importance of addressing depression in the workplace and offering accommodations for employees struggling with mental health in “Fetterman’s Hospitalization Shows Depression’s Toll At Work,” published by Law360.
Manufacturers’ Legal Considerations for Staffing Reductions
In these uncertain economic times, many manufacturers and other employers are deliberating over measures to shore up their financial positions and reassessing their workforce needs. Employers may be considering organizational restructuring, including voluntary attrition programs and staff reductions (e.g., layoffs), to manage costs, eliminate redundancies, and ensure operational efficiencies, all of which are critical to any organization’s long-term health.
U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor Standards Act (FLSA), even though the employee at issue earned more than $200,000 per year and unquestionably met the salary-level and duties requirements of that exemption.
Labor Board Reinstates Standard Restricting Employee Severance Agreements
The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023).
New Jersey Enacts ‘Bill of Rights’ for Temporary Workers
New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms.
Goldberg Segalla added Bryan M. Hoffman to the firm’s Workers’ Compensation group in Buffalo.
Bryan concentrates his practice on counseling insurers, self-insured employers, and third-party administrators in the defense of workers’ compensation claims.
5 Essential Soft Skills to Develop in Any Job
You don’t have to be in your dream job to advance your career.
How highly sensitive people can thrive in the workplace
Having a highly sensitive person on your team is a real asset, as long as they’re given the resources they need.
The Fairness Of It All: Overcoming The Failures Of DE&I Programs In The Workplace
Workplace stress is a shared experience among adults, and 25% of workers say that work is the number one stressor in their lives.
‘Scanners are complicated’: why Gen Z faces workplace ‘tech shame’
They may be digital natives, but young workers were raised on user-friendly apps – and office devices are far less intuitive
What does Gen Z really bring to the workplace?
Post-millennials value resilience and flexibility and are looking for jobs that bring them money, growth, fair recognition and meaningful work
Should a workplace have a soundtrack?
An experience designer argues why a future of soundscapes in offices could make us more creative and productive.
Half of Black workers want to quit—here’s what companies can do better
Black workers seem to be among the most unhappy employees, with 49% saying they want to quit, according to a recent Indeed survey.