Archives for October 9, 2023

Governor Newsom Unexpectedly Vetoes a Number of Pro-Employee/Pro-Union Bills

Posted: October 9, 2023 | CDF Labor Law LLP Category: California - Labor Law

Later this month, we will report on all the new employment-related laws that California has enacted for 2024. However, this article focuses on the bills that Newsom vetoed. Some of these are a bit of a surprise.

SB 799: This bill would have required the EDD to treat employees who are on strike as eligible for unemployment. Many labor law attorneys, including the author of this article, anticipated that Newsom would sign this bill and allow California to join New York and New Jersey, as states that require UI benefits be paid to striking workers. However, Newsom vetoed the bill and indicated that the EDD did not have the finances to expand UI benefits to striking workers. The unions are very disappointed in Newsom for this veto.

California Bans Inquiries About Applicant Cannabis Use

Posted: October 9, 2023 | Jackson Lewis Category: California - Cal/OSHA

On October 7, 2023, Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history.

However, SB 700

Revisions to Grocery Worker Recall Rights

Posted: October 9, 2023 | Jackson Lewis Category: California - General

On October 8, 2023, California’s Governor signed Assembly Bill (AB) 647, which revises recall rights for grocery workers when there is a change of control in a grocery establishment.

Under the bill, the definition of “grocery establishment” includes a “distribution center owned and operated by a grocery establishment and used

New Puerto Rico Military Code: What Puerto Rico Employers Should Know

Posted: October 9, 2023 | Littler Category: Puerto Rico

On August 8, 2023, Puerto Rico’s government enacted Act No. 88-2023, known as the “Puerto Rican Military Code of the 21st Century” (“Military Code”). This new law supersedes the previously enacted Military Code of Puerto Rico from 1969. Contrary to the previous code, the new Military Code specifically defines

Sports-Related Employment Law Updates in Puerto Rico

Posted: October 9, 2023 | Littler Category: Puerto Rico

A new law in Puerto Rico provides several pay and anti-discrimination protections for athletes on account of their pregnancies. A separate sports-related employment law extends leave protections for eligible athletes, coaches and specialized personnel who are absent from their jobs to represent Puerto Rico in official sports competitions. The

Michigan Court Dismisses ERISA Class-Action

Posted: October 9, 2023 | Littler Category: Benefits - ERISA

Class action lawsuits continue to target ERISA fiduciaries for their decisions about investment options and fees. However, even class action complaints that seem supported by citations to comparator plans or investment funds can be vulnerable to attack at the pleading stage.

Why Are There So Many Strikes?

Posted: October 9, 2023 | elinfonet Category: HR Headlines Tags: Power At Work

According to the available statistical measures, strike activity has radically increased in 2023. The question is, why? Many commentators — including me — have focused on workers and their rising organizing activity, activism, and militancy. I have said that workers are angry at their employers because of the pandemic

Legislative lowdown: EEOC proposes new harassment guidance, California raises fast-food minimum wage

Posted: October 9, 2023 | Littler Category: Law Firm News

Michael Lotito weighs in on the ripple effects of a new law in California that will raise the minimum wage for fast-food workers in the state to $20 an hour, effective April 2024.

HR Brew

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EEOC-Initiated Lawsuits Shot Up 52% in Latest Fiscal Year

Posted: October 9, 2023 | Littler Category: Law Firm News

Bradford Kelley comments on data that shows the Equal Employment Opportunity Commission filed 143 discrimination lawsuits in its just-ended fiscal year — a 52% increase from last year.

Corporate Counsel

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Trucking Companies Could Be More Profitable by Spending Just a Little Bit of Money–and Hiring Women

Posted: October 9, 2023 | elinfonet Category: HR Headlines Tags: Evil HR Lady

I have no desire to spend the night in the cab of a truck with a coworker–male or female. But especially not male. As an HR expert, I would strongly caution companies against having men and women share overnight accommodations, even in hotels.

Having said that, I

[Podcast] Workers By The Numbers #12: Analyzing The September Jobs and Unemployment Report with Harry Holzer and Aaron Sojourner