Over the last few years, local governments have taken the lead in adopting statutory protections for freelance workers across the country. These protections include requiring written contracts, specific payment dates, and a prohibition on discrimination and retaliation against freelance workers attempting to exercise their rights. On August 4, 2023, Illinois became the first state to

The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago.  On June 18, 2024, Governor Gavin Newsom announced that an agreement was reached between business and labor groups to reform PAGA.  The agreement comes on the heels of the looming June 27, 2024 deadline to remove a PAGA proposition from the November 5, 2024 ballot.  The agreement, if passed by California’s state legislature, would overhaul several aspects of PAGA and withdraw a ballot measure that would have repealed PAGA’s statutory scheme altogether.  Continue Reading Will PAGA Be Reformed?

The Supreme Court Rejects a Watered-Down Approach to Preliminary Injunctions

On June 13, 2024, the United States Supreme Court held that when considering the National Labor Relation Board’s (the “Board” or “NLRB”) request for a preliminary injunction under Section 10(j) of the National Labor Relations Act (the “NLRA”), district courts must apply the traditional four-factor test for injunctive relief rather than a less stringent two-factor test used by many courts in evaluating the Board’s injunction requests.  Starbucks Corp. v. McKinney, No. 23-367 (See here).Continue Reading Can I Please Get Four Shots of Espresso Instead of Two?

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) published its “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”), which is the first harassment guidance issued by the EEOC since 1999.  (See here.)  Harassment claims continue to be prevalent in the workplace.  During the five fiscal

The California Department of Industrial Relations recently released its FAQs regarding the new fast food minimum wage law, AB 1228, which took effect on April 1, 2024.  The legislation sets an industry-wide minimum wage for employees in fast food establishments at $20.00 per hour and applies to employees at fast food restaurants that are part of a chain with 60 or more nationwide locations, offer limited or no table service, and are engaged in selling food and beverages for immediate consumption.  Significantly, franchises, regardless of their ownership structure, must comply if they meet these criteria.Continue Reading Navigating New Minimum Wage Requirements for California’s Fast Food Industry

On April 12, 2024, the U.S. Supreme Court, in a unanimous decision, held that transportation workers need not work in the transportation industry to be exempt from coverage under section 1 of the Federal Arbitration Act (“FAA”).  Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al., No. 23-51.  (See here.)  The Court found the determining factor to be the nature of the employee’s work for the company, not what the company does generally.  Continue Reading Delivering the Goods:  The Exemption from Arbitration Focuses on the Worker, Not the Industry

The U.S. Department of Labor’s announcement of the final rule concerning Occupational Safety and Health Administration (“OSHA”) inspections has employers ringing alarm bells.  Set to take effect on May 31, 2024, the rule amends 29 C.F.R. § 1903.8(c) and makes significant changes to who is eligible to accompany OSHA Compliance Safety and Health Officers (“CSHO”) during workplace inspections, which are commonly referred to as “walkarounds.”Continue Reading Navigating the New OSHA Walkaround Rule

The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure  “individuals with criminal records have fair and equitable access to opportunities for gainful employment.”  By September 3, 2024, employers in the unincorporated areas of Los Angeles County with five or more employees must comply with the Ordinance.Continue Reading L.A. County Board of Supervisors Passes Fair Chance Ordinance