It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter initiative that allows app-based hiring entities to classify certain workers as independent contractors if they meet specific conditions. Proposition 22 was a response to AB 5, which codified a 2018 decision that is the subject of this article.
On January 15, 2021, the U.S. Department of Labor’s Wage and Hour Division released two opinion letters providing guidance on two respective issues pertaining to tipped employees.
Introduction: On January 12, 2021, Uber and Lyft drivers became the first gig workers to challenge Proposition 22, just two months after voters passed it into law on the November 2020 ballot. Prop 22 permits app-based hiring entities to classify workers as independent contractors rather than employees, provided they meet certain conditions, such as a minimum wage, reimbursement for vehicle expenses, occupational accident insurance, healthcare subsidies, and other protections. (Prop 22 is discussed in further detail here).
On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19. Previously in May 2020, Virginia became the first state to issue temporary COVID-19 workplace safety standards when Governor Ralph Northam issued an executive order requiring most private employers provide personal protective equipment to their employees, ensure social distancing in the workplace, and sanitize workstations, among other measures. For more information on Virginia’s emergency workplace safety rules, please see FordHarrison’s July 17 and July 29, 2020 Legal Alerts.
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Angela B. Cummings and Julie K. Adams were listed as “2021 North Carolina Super Lawyers” by Super Lawyers Magazine.
Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to free speech is ingrained into American life, free speech is not absolute. The Constitutional right to free speech is not implicated by the actions of these private social media platforms because they are private entities, not arms of the government. Moreover, the First Amendment does not protect certain speech intended to incite or produce violence and lawless action.
Determining who is an employee seems like a simple concept, but actually requires a complex analysis that varies depending on the applicable state and statute.
California Governor Newsom signed Senate Bill 1383 (SB 1383) which greatly expanded the California Family Rights Act (CFRA), which took effect on January 1, 2021. Some of the notable changes include:
On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency of Florida’s civil justice system and relieve parties from the burdens of meritless litigation.
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Tracey K. Jaensch has been elected to the firm’s Executive Committee, the firm’s highest governing body; Russell Jackson was named FordHarrison’s Memphis Office Managing Partner; Jeff Mokotoff was named FordHarrison’s Atlanta Office Managing Partner; and Jennifer Martinez, SHRM-CP (Orlando) was named the firm’s Human Resource Director.
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Timothy M. Barbetta has joined FordHarrison’s New York City office as a senior associate. Timothy comes to FordHarrison from Kaufman, Borgeest & Ryan LLP.
Vista Lyons and Nicole Herron contributed the article, “The Latest Dress-Code Compliance Issues For Employers” to Law360. The article focuses on the recent updated compliance manual on religious discrimination released by U.S. Equal Employment Opportunity Commission.
FordHarrison Awarded 2021 “Best Law Firms” Tier 1 Rankings by U.S. News – Best Lawyers
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws.
Executive Summary: On Tuesday, December 22, 2020, the U.S. Department of Labor (DOL) announced its final rule regarding expansion of tip pool sharing and limitations on the 80/20 rule. This long-awaited final rule codifies three main points: employers are (1) permitted to include “back-of-the-house” employees who usually do not receive tips (such as cooks and dishwashers) as part of a tip pool, (2) prohibited from allowing management from keeping employees’ tips or participating in tip-pooling arrangements, and (3) permitted to take a tip credit regardless of the amount of non-tip generating work (such as cleaning tables or rolling silverware) a tipped employee performs as long as it is performed contemporaneously with his/her tipped duties, or within a reasonable time immediately before or after performing tipped duties.