The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Archives for March 17, 2023
Is March Madness a Concern for Employers? You Can Bet On It!
March Madness and the annual National Collegiate Athletic Association (NCAA) Men’s and Women’s Division I Basketball Tournaments routinely trigger countless office bracket contests and big distractions for workers. While March Madness can be an opportunity to boost employee engagement and workplace morale, it can also be a point of frustration
California Court Of Appeal Holds That App-Based Driver And Delivery Businesses Can Properly Classify Workers As Independent Contractors
On March 13, 2023, in Castellanos v. State of California, the California Court of Appeal handed down a pink unicorn decision in favor of app-based driver and delivery businesses that permits them to properly classify workers as independent contractors. In so doing, it breathed life back into Proposition 22 (Bus. & Prof. Code sections 7448-7467) and California’s gig economy.
Proposition 22’s Roots In AB5
In 2019, the California Legislature codified the holding in Dynamex by enacting Assembly Bill No. 5 (“AB5”), which established a test for distinguishing between employees and independent contractors. The net effect of AB5 is that workers are presumed to be employees with few narrow and complicated exceptions. Consequently, AB5 made it nearly impossible for workers and businesses of any kind to lawfully engage with each other on an independent contractor basis and for businesses to retain independent contractors without incurring the risk of, at best, being placed into an arduous audit process or, at worst, being deemed to have improperly classified its workers, and all of the repercussions associated with that finding. AB5 has, not surprisingly, been the subject of much litigation in the time since its original enactment.
WageFi Presents: How to Improve Retention in Working Class Industries
The Practical NLRB Advisor: Winter 2023
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December
Federal Court Tackles Issue of Arbitrability in NFL Race Discrimination Suit, with Split Results
Last year, we wrote about former National Football League coach Brian Flores and his lawsuit in February 2022 alleging racial discrimination against the NFL and several of its teams. In his lawsuit, Flores claimed that the NFL’s “Rooney Rule,” which […]
“Stop-WOKE” Takes Aim at Florida’s Colleges and Universities
Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat.
USCIS Extends FY 2024 H-1B Cap Registration Period to March 20, 2023
On March 17, 2023, U.S. Citizenship and Immigration Services notified the public that it would extend the H-1B cap registration window until Monday, March 20, 2023, at 5:00 p.m. Eastern Time.
3 Takeaways From The EEOC’s Latest Performance Report
Jim Paretti comments on the EEOC’s annual performance report showing increased charge filings and lawsuits.
Law360 Employment Authority
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Sexual harassment law: Employers to gain new responsibilities
Natasha Adom discusses the new sexual harassment responsibilities for UK employers that may come into effect if they are passed by parliament.
Personnel Today
Calif. To Watch For PAGA Claims Related To Bank Collapse
Bruce Sarchet and Michael Lotito discuss the federal government’s response to the Silicon Valley Bank collapse, and explain that the ordeal provides an opportunity to explore employer liability and penalties in unexpected situations.
Law360 Employment Authority
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Gov. JB Pritzker signs bill mandating paid leave for Illinois workers
Stephanie Mills-Gallan says that Illinois’ new mandatory paid time off time law could be exploited by employees and cause damage to businesses.
CBS Chicago
Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias
Second Circuit rejected the appeal of an employee who was fired by a school district for refusing to attend mandatory workplace training about bias based on LGBTQ status, citing conflicts with his religious beliefs. The district court previously found in favor of the employer, noting that the plaintiff
The Practical NLRB Advisor – Issue 23, Winter 2023
In This Issue As Member Ring Departs, Precedent-Reversing Continues Board Restricts Use of Common Severance Agreement Clauses SCOTUS Ponders Preemption, Strikers’ Property Destruction Other NLRB Developments
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