So, it’s been a busy few weeks in the employment law universe. Here are two developments:
Archives for May 10, 2023
Top Five Labor Law Developments for April 2023
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The Board overruled General Motors, 369 NLRB No. 127 (2020) and reverted to its pre-2020 “setting-specific” standard for determining whether an employer lawfully disciplines employees whose protected concerted activity crosses the line into abusive conduct.
Washington State to Bar Employers From Relying on Off-Duty Use of Marijuana in Hiring Decisions
The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.
Littler Survey: Economic Volatility, AI Adoption and Heightened Regulatory Activity Pose New Challenges for Employers
Eleventh annual survey of more than 500 executives reveals critical insights on hybrid work, changing regulations and evolving workforce expectations
(May 10, 2023) – New research by Littler, the world’s largest employment and labor law practice representing management, shows U.S. employers facing fresh hurdles in 2023, from shifting working
The Littler Annual Employer Survey 2023
Widespread economic uncertainty. Evolving workforce expectations. Accelerating adoption of artificial intelligence (AI) tools. A growing patchwork of local, state and federal regulations.
Numerous headwinds are colliding in 2023 – and presenting employers with a litany of tough decisions.
Chinese companies in US persevere in tough environment
Phillip Berkowitz says Chinese businesses operating in the United States are doing an incredible job with their compliance testing and commitment to the rule of law in this country.
China Daily
California Bill Would Limit Use of Criminal History Information
Rod Fliegel discusses California’s proposed Fair Chance Act of 2023, which would further restrict how employers can use information about the criminal histories of job seekers and employees, and offers tips for complying with the current Fair Chance Act.
SHRM Online
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Employers Should Purge Old I-9s
Speaking about I-9 retention periods, Jorge Lopez advises employers to be prudent and make a purge process part of the I-9 compliance module.
SHRM Online
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Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule
Michael Lotito weighs in on allegations that the US Department of Labor is ignoring a Trump-era independent contractor standard that’s more favorable to businesses.
Bloomberg Law
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CDF Webinar: What’s the Deal? – California Employment Law Issues in Business Transactions and Restructurings
CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen, and Desiree Ho, in this 90-minute deep dive that addresses employment law traps lurking in these significant business events.
Anticipating and managing complex California employment issues that arise in business transactions or restructuring events can help lay the foundation for a successful transaction and potentially avoid substantial and unexpected liabilities.
Employment law concerns have become even more important than ever in light of joint employer theories of liability and recently enacted dangerous California legislation that can create successor entity liability for unpaid wages, damages, and penalties owed to any of a judgment debtor’s former workforce. Understanding how the various California employment laws affect a transaction or restructuring is critical to preparing one’s business interests to be sold, as well as assessing the value and risks of acquiring or merging with a business.
During this webinar, attendees will hear about:
-How employment lawyers can work synergistically with the deal team to address mission-critical issues
-Employee Classification and potential consequences of misclassification in M&A transactions
-Wage and hour compliance assessment and risks in mergers, sales, and other transactions
Managing employees on leave during a transaction
-Potential Cal/WARN Act requirements attendant to the business sales transaction
-Managing vested vacation banks and vacation liability during a sale
-Transitioning employees and the integration of new employment policies and practices
-The impact of labor unions and existing collective bargaining agreements in sales transactions, including the effect of NLRB decisions on unionized and non-unionized workforces
Who should attend?
Anyone who owns, holds a secured creditor position in, or represents a business that:
-Is contemplating selling or divesting from all or part of a California business interest;
-Plans to sell or divest from business interests outside of California that affect workers in California; or
-Plans to, is considering, or is actually in the process of buying or merging with another business that has employees in California.
50 Most Annoying Business Phrases of 2023 Revealed
Everyone says they hate jargon, but we still use it. It serves a purpose–we all know what you mean when you say, “per my last email,” you mean, “listen, you dunce, I already told you that yesterday,” but the former has plausible deniability. Your dunce-like coworker can’t complain to
When Your Employee Tells You They’re Burned Out
A guide to responding with compassion — and a plan.
How to Disagree Productively
Three strategies.
How Hair Discrimination Affects Black Women at Work
Afro-textured hair is stereotyped and stigmatized around the world. Even in places where there are protections against race-based hair discrimination, Black women bear the brunt of the burden when it comes to hair bias.
Goldman Sachs will pay $215 million to settle gender bias lawsuit
The investment bank also agrees to hire an independent expert to analyze its performance review and promotion processes, and conduct a pay-equity study