Category Archives: Labor and Employment

On December 28, 2018, the United States Circuit Court of Appeals for the District of Columbia (the “DC Circuit”) issued its long-awaited opinion concerning the appeal of the National Labor Relation Board’s 2015 ruling on the “joint employer” test. (See, https://www.cadc.uscourts.gov/internet/opinions.nsf/A1D3A01EDFAB1B8A852583710055207A/$file/16-1028-1766137.pdf) “Joint employment” in essence occurs when two or more individuals or companies are involved […]

Two new California laws demonstrate the widespread impact of the #MeToo Movement and the focus on putting a stop to sexual harassment in the workplace. SB 820: Prohibiting “Hush Money” Settlements Many articles and investigative reports have been published about prominent public figures, politicians and other famous (or infamous) persons with an apparent history of […]

On April 30, 2018, the California Supreme Court in Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903, announced a sea change on who is an employee, rather than an independent contractor (“IC”), for claims under California’s Industrial Welfare Commission Wage Orders (“Wage Orders”), which regulate the wages, hours, and working conditions of workers […]

This alert addresses a recent 6th Circuit Court of Appeals decision, Perry v. Randstad Gen. Partner (US) LLC, 2017 WL 5560160 (6th Cir. Nov. 20, 2017) (See link to decision below), concerning classification of employees as exempt versus nonexempt.  “Exemption” classification, much like independent contractor classification, is highly fact intensive, nuanced and specific.  And, as […]

2018 is now fully upon us.  And with the beginning of a new year, one certainty is that there will be new employment laws to become familiar with in California.  Below is an overview of three new laws related to salary history inquiries, criminal history inquiries, and parental leave that employers should understand and begin […]

2018 is now fully upon us. And with the beginning of a new year, one certainty is that there will be new employment laws to become familiar with in California. Below is an overview of three new laws related to salary history inquiries, criminal history inquiries, and parental leave that employers should understand and begin […]

This alert addresses a recent 6th Circuit Court of Appeals decision, Perry v. Randstad Gen. Partner (US) LLC, 2017 WL 5560160 (6th Cir. Nov. 20, 2017) (See link to decision below), concerning classification of employees as exempt versus nonexempt.  “Exemption” classification, much like independent contractor classification, is highly fact intensive, nuanced and specific.  And, as […]

As we enter the fall season we want to alert you to three notable updates and alerts: (1) proposed federal independent contractor legislation, (2) federal exemption rule litigation and recent failed push for California legislation concerning the same, and (3) new notice requirements for new hires concerning domestic violence protections I. Proposed Federal Legislation to […]

At first glance, the recent San Francisco Business Portal publication entitled the “Freelancer Guide” – described as “an overview of what it takes to be a part of the gig economy in San Francisco” —authored by a conglomerate of San Francisco civic and industry leaders, appears to be a step in the direction of recognizing […]