Employment Law Information Network
All Things Labor and Employment Law
By: Immediate Changes at the NLRB
Bloomberg and other sources are reporting over the last hour that the Biden administration has asked National Labor Relations Board General Counsel Peter Robb, a Trump appointee to resign. Over the last few weeks, there have been rumors that unions have been pushing Biden to
By: California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively
By: California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively
Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way
By: New Pay Equity Reporting Requirements In California Are Due Soon
In September of last year, Governor Newsom signed SB 973, California’s first statutory employee data reporting requirement. SB 973 became codified as section 12999 of the California Government Code. The bill was authored by Senator Hannah-Beth Jackson, who also authored
Businesses across the country are cutting ties with workers who took part in last week’s insurrection at the United States Capitol. Employees are being identified through news videos as well as photos and blogs that
By: USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System
Today, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated. Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000 going to employers seeking to
For the last four years, California employers have mostly been focused on changes in state and local law, as the Trump administration has done little to regulate employers. Later this month, when the administration changes in Washington, everything is likely to change. Increased regulation at the state and local level will certainly continue, but also, new employment laws and regulations from Congress and the Executive Branch are likely to commence within the first 100 days of the Biden/Harris administration. If you are interested in learning where the focus of the new administration is likely to be when it comes to labor, employment and immigration law, don’t miss this webinar.
During this complimentary webinar, presenters will discuss the following:
– The potential for paid family leave
– Radical changes in immigration enforcement and regulation
– Whether the Federal Arbitration Act and mandatory arbitration agreements are at risk
– How the NLRB is likely to make it easier for unions to organize your workers
– Why government contractors are going to see the ramifications of administration change quicker than other employers
– Many other related issues
Please join Richard M. Green, Partner and Chair of CDF’s Immigration Practice Group, and Mark S. Spring, Partner and Chair of CDFs Traditional Labor Law Practice Group for this informative and educational webinar.
By: District Court Strikes Trump Administration H-1B Wage Regulations
On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the statutory language of the Immigration and Nationality
To makes things endlessly confusing and hard for California employers to keep up with, this week, Governor Newsom issued an Executive Order (EO) the quarantine requirements of the Cal/OSHA emergency regulations that just took effect November 30. The EO is effective immediately. Thus, employers who just scrambled to implement policies, practices, and training to comply with the strict Cal/OSHA requirements will now need to quickly modify those policies and practices to comply with the EO.
By: EEOC Provides Guidance on Employers’ Ability to Mandate COVID Vaccinations
Today, the EEOC updated its COVID-19 guidance for employers, specifically on issues surrounding the circumstances under which employers may mandate that employees be vaccinated for COVID-19 (once the vaccines become more widely available). The EEOC’s guidance is about as clear
By: OAL Approves Cal/OSHA’s Emergency COVID Regulations, EFFECTIVE IMMEDIATELY
Last night, California’s Office of Administrative Law (OAL) approved Cal/OSHA’s emergency COVID regulations, making them effective immediately. My prior post summarizing these new regulations is here and the text of the new regulations is here. Today, California’s Department of Industrial Relations published
By: Not So Happy Holidays from Cal/OSHA – New Requirements for California Employers
On Friday, Cal/OSHA adopted emergency regulations imposing COVID-related safety standards and requirements related to workplace COVID testing and paid leave for employees who test positive or are exposed to COVID. The Office of Administrative Law has until November
To assist employers, corporate counsel, and HR professionals that are still grappling with the myriad of COVID-related employment issues, CDF has designed a series of complimentary webinars that will run daily from December 7 through 11 from 9-10 am (PST)* that will address the most pressing issues and provide answers to the most frequently asked questions.
1. 12/07: Emerging Litigation Areas in 2021 Stemming from COVID-19 Pandemic
2. 12/08: COVID-19 Related Time Off Work/Leave of Absence
3. 12/09: COVID-19 in the Workplace – Testing Positive & Returning to Work
4. 12/10: Navigating CARES Act Relief for Employers: PPP Forgiveness and the Employee Retention Credit
5. 12/11: COVID-19 Related Wage and Hour Issues
By: Final Results of CA Legislative Session: Employment Bills Signed Into Law by Newsom
Yesterday was the last day for Governor Newsom to sign or veto bills that were passed by the Legislature this session. Newsom signed several bills into law that will affect California employers in the coming year. All
By: California Expands Its Family and Medical Leave Law
Late last week, Governor Newsom signed SB 1383 into law, greatly expanding coverage of the California Family Rights Act (CFRA). SB 1383 expands the scope of employers who are covered by CFRA to now include small employers with as few as five
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