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
On May 16, 2024, the U.S. Supreme Court unanimously held that lawsuits involving an arbitrable dispute must be stayed upon the request of a party. Rather than dismiss the case, section 3 of the Federal Arbitration Act (the “FAA”) compels the court to issue a stay until the arbitration is completed. Smith, et al.
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
Several key changes to UK employment rights will come into effect in April 2024. By way of brief summary, the key changes for employers to be aware of, and those that will require immediate attention to ensure legally compliant and up-to-date HR policies and practices in the UK, include the following:Continue Reading Key Changes Impacting UK Employment Law From April 2024
In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held that the district court was correct to send the individual plaintiff’s Private Attorneys General Act (“PAGA”) claims to arbitration, but reversed the dismissal of the representative PAGA claims, holding they must remain in court. Although whether PAGA representative claims should remain in court after the plaintiff has been compelled to arbitrate his or her individual claims remains unsettled under the Federal Arbitration Action (“FAA”), and ultimately will be decided by the U.S. Supreme Court, the Ninth Circuit ruling wasn’t particularly surprising. What is more interesting is the concurrence by Judge Kenneth Lee, who noted some tension between the FAA and Adolph. Continue Reading Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph
Seven years after the UK Supreme Court decided that the payment of fees to bring Employment Tribunal claims was unlawful and should be abolished, the Government has published a consultation paper to reintroduce fees in the Employment Tribunals (“ET”) and Employment Appeal Tribunal (“EAT”).Continue Reading UK Government Proposes to Reintroduce Employment Tribunal Fees
On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees