California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles.
New York City Enacts Legislation Clarifying Independent Contractor Protection under Human Rights Law
While courts have generally interpreted the New York City Human Rights Law (NYCHRL) as providing anti-discrimination protections to individuals performing services as independent contractors, effective in January 2020, amendments to the NYCHRL clarify such protections.
CCPA Update: AG Announces Proposed Regulations, Governor Signs Amendments into Law
Lots of action for the California Consumer Privacy Act (CCPA) in the last few days! After much anticipation, on October 10th, 2019, California Attorney General Xavier Becerra (βthe AGβ) announced the Proposed Regulations for the CCPA. The next day, California Governor Gavin Newsom signed into law six amendments to the CCPA. Below is a summary of key aspects of the AGβs Proposed Regulations and the Governor signed amendments.
Celebrate National Cybersecurity Awareness Month with CCPA FAQs!
October is National Cybersecurity Awareness Month (NCSAM)! NCSAM is an annual event designed by the U.S. Department of Homeland Security (DHS) and co-led by the Cybersecurity and Infrastructure Security Agency (CISA) and National Cybersecurity Alliance (NCSA). NCSAM is a collaborative effort by both government and industry leaders intended to enhance public awareness regarding cybersecurity . This yearβs agenda emphasizes personal accountability and taking proactive steps both at home and in the workplace to enhance cybersecurity. This yearβs motto is Own IT. Secure IT. Protect IT β #becybersmart, and focuses on areas such as consumer privacy, consumer devices and e-commerce security.
OFCCP Seeks to Tweak Disability Self-Identification Form
At a time when the Agency has begun embarking on Section 503 Focused Reviews, OFCCP continues work to prevent discrimination for individuals with disabilities. Last week, as national disability awareness month began, OFCCP quietly published a request to tweak its prescribed disability self-identification form. The revisions seek to streamline the form and provide additional guidance to applicants and employees asked to complete the form seemingly in the hopes of increasing participation.
California Consumer Privacy Act FAQs for Covered Businesses
Set to take effect January 1, 2020, the California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, places limitations on the collection and sale of a consumerβs personal information and provides consumers certain rights with respect to their personal information.
California Requires Large Insurers to Report Board Diversity, Spending with Diverse Businesses
A new California law requires large insurers to report on the demographics of their governing boards and the amounts they spend with businesses owned by minorities, women, LGBT individuals, veterans, and disabled veterans. Under the new law, Senate Bill 534 (SB 534), reporting will be required on a biennial basis beginning on July 1, 2020.
EEOC Seeks Court Permission to Deem Pay Data Reporting Complete
In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order βdetermining that the EEO-1 Component 2 data collection is deemed complete.β The EEOC is reporting that, βas October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.β
North Carolina Court Awards $41 Thousand-Plus Penalty for Failure to Produce Documents Requested by Plan Participants
Section 104(b)(4) of ERISA provides that a plan administrator must respond to a written request for certain documents (including the plan documents and summary plan description) by a participant or beneficiary by providing the requested documents. Section 502(c)(1) of ERISA and Regulation Β§ 2575.502(c)-1 provide that a plan administrator who fails to do so within thirty days is liable to such participant or beneficiary in an amount (as determined by the court in its discretion) of up to $110 per day.
DOL Proposes FLSA Regulations to Close Door on β80/20β Rule, Implement Tip Pooling Amendments
The Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) on October 8, 2019, to eliminate the β20% Rule,β or β80/20 Rule,β under the Fair Labor Standards Act (FLSA).
Common Mistakes Companies Make with Gig Economy Workers
It is no secret that traditional employers often benefit from non-traditional workplace arrangements available in the gig economy, such as relief from paying unemployment insurance and workerβs compensation plans or being exempt from many minimum wage or overtime laws that apply to the traditional employer-employee relationship. Companies also can save in traditional onboarding, ramp-up, and training costs since temporary gig workers do not require the same training or retention efforts.
No California Waiting-Time, Inaccurate Wage Statement Penalties Based on Unpaid Meal Period Premiums, Court Rules
Do meal period premiums trigger derivative liability for waiting-time penalties and inaccurate wage statements? The California Court of Appeal has ruled in the negative on the oft-asked question. Naranjo et al. v. Spectrum Security Services, Inc., No. B256232 (Cal. Ct. App. Sept. 26, 2019).
Ex-CEO of IT Staffing Companies Guilty of H-1B Visa Fraud
A federal judge has sentenced Pradyumna Kumar Samal to more than seven years in prison, fined him $10,000, and ordered him to pay restitution for the taxes he stole. United States of America v. Samal, No. 2:18-cr-00214 (W.D. Wash. Sept. 20, 2019).
Top Five Labor Law Developments for September 2019
The National Labor Relations Board (NLRB) has adopted a new standard for determining whether contractual language acts as a waiver of a unionβs right to bargain over a specific issue. MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019). The
OSHA Recommends Best Practices to Prevent Whistleblower Retaliation
You might be surprised to learn that the Occupational Safety and Health Administration (OSHA) enforces 22 different whistleblower protection laws. This includes laws governing workplace safety and health at construction, manufacturing, energy generation or distribution and other worksites. It also includes a broad array of laws that regulate hazards and prohibited activities specific to airlines, motor vehicle carriers, nuclear facilities, railroads and maritime and other industries.