Employment

The NLRB said that it’s presumptively OK for employers to require confidentiality from employees during workplace investigations.

New York is also working on its own version of a gig economy bill.

In New York, a number of employment laws will soon go (or have already gone) into effect. Here’s a list.

In California employment news, AB5—the state’s new law that codifies the distinction between employees and independent contractors—is being challenged in court by truck drivers, freelance journalists, and companies in the gig economy.

A district court judge temporarily halted AB 51, California’s new anti-arbitration law that was set to take effect on January 1. The California Chamber of Commerce is challenging that the law is preempted by the Federal Arbitration Act.

The EEOC rescinded its policy of disfavoring mandatory employee arbitration agreements.

New York City expanded its Human Rights Law protections to cover freelancers and independent contractors.

California passed several other employment laws during the 2019 legislative session—for a complete list, see here.

A new California law bans mandatory arbitration as a condition of employment.

The Department of Labor issued a final rule that increases the overtime salary threshold from $23,660 to $35,568.

USCIS issued its final H-B1 visa lottery rule.

Two recent cases call into question the validity of non-solicits in California.

NLRB overruled a prior case, making it easier to classify workers as independent contractors.

A helpful chart of harassment training requirement across the country.

Governor Newsom proposed a new paid parental leave policy for California employees.

Mayor de Blasio proposed a paid time off law that would require 10 days of paid personal time per year.

Advice on the top 9 tasks to comply with a list of California employment laws that went into effect on January 1, 2019.

Here’s a list of California employment laws that went into effect on January 1.

Some advice on the employment implications of the e-scooter boom.

Updates to the New York Paid Family Leave Law became effective 1/1/19.

Federal courts enforced Lyft’s arbitration provision in cases filed by gig workers.

Federal courts enforced Postmates’ arbitration provision in cases filed by gig workers.

USCIS proposed changes to the H-1B visa lottery system.

The EEOC will reverse course and no longer require employers with over 100 employees to report compensation and hours worked (broken down by pay band, job category, ethnicity, and gender).

The NLRB held that misclassifying workers does not violate federal labor law.

New York’s Senate and Assembly passed a bill that allows employees to put a lien on their employers’ property when making wage violation claims. It’ll be sent to Governor Cuomo’s desk.

California also extended its harassment training deadline for non-supervisor employees.

California’s Senate passed AB 5, a bill that would treat certain gig economy workers as employees. If the bill passes out of the Assembly, it’s expected to be signed by Governor Newsom.

Chicago passed a “fair workweek” ordinance that requires certain employers to give workers at least two weeks’ advance notice of their schedules. Heads up for other cities and states who might follow suit.

A SDNY judge invalidated New York State’s ban on mandatory arbitration of harassment claims.

New York also made major changes to its harassment laws (including removal of the “severe and pervasive” standard in favor of a new “inferior terms, conditions, or privileges of employment” standard).

The Ninth Circuit asked the California Supreme Court for help in deciding whether the new employee vs. independent contractor test should be applied retroactively.

The National Labor Relations Board (NLRB) came down with a significant ruling that impacts how employers can institute and enforce mandatory arbitration.

California extended paid family leave benefits from 6 to 8 weeks.

Some legal issues to consider when developing a remote working program.

The EEOC posted forms and guidance for the new pay data reporting requirements.

A pay data reporting bill is making its way through the California legislature and, similar to the recent EEOC rule, would require companies with over 100 employees to report certain pay data broken down by race, ethnicity, and gender.

New York’s legislature passed major changes to the state’s harassment and discrimination laws in a bill that’s expected to be signed by Gov. Cuomo.

Washington State passed a bill that severely limits the enforceability of non- competes. It’s waiting on Governor Inslee’s signature.

Another court calls into question the enforceability of non-solitics in California.

A new NYC law prohibits employers from requiring marijuana testing for job applicants.

Employees in New York State are now entitled to up to three hours of paid time to vote.

Next term, SCOTUS will decide whether federal discrimination laws protect LGBTQ workers.

Steak ‘n Shake learned the troubles of not complying with COBRA.

SCOTUS ruled that employees can’t arbitrate claims as a class unless their employment agreements expressly allow it.

Following an order from a federal judge in D.C., EEOC will require employers with 100 or more employees to collect and submit—by September 30, 2019—employee pay data for calendar years 2017 and 2018. Demographic workforce data is due by May 31, 2019.

Following an order from a federal judge in D.C., EEOC will require employers with 100 or more employees to collect and submit—by September 30, 2019—employee pay data for calendar years 2017 and 2018. Demographic workforce data is due by May 31, 2019.

Massachusetts’ AG is enforcing the state’s “ban the box” law by fining two companies and sending warning letters to 17 more.

States aren’t precluded from enacting their own laws that define the employment status of gig workers.

DOL issued an opinion letter concluding that a particular “virtual marketplace company’s” on-demand workers are independent contractors and not employees.

House Democrats approved the Paycheck Fairness Act.

NYC published model lactation room policies.

New Jersey passed legislation that bans waiver of rights and non-disclosure provision in employment agreements.

Congress re-introduced the FAIR Act, which seeks to end mandatory arbitration for employees.

Department of Labor proposed a new overtime threshold—going from $23,660 to $35,308.

Glassdoor survived a suit from an employer with negative reviews.

Viacom sued Netflix for poaching employees.

California Gov. Jerry Brown signed a host of employment laws on his way out.

The NYC Commission on Human Rights proposed rules that protect against discrimination based on gender identity or expression.

New lactation room laws in NYC and NYS.

New sexual harassment laws in NYC and NYS.

Major wage & hour decision against Starbucks by the California Supreme Court.

ICE’s I-9 audits and raids are unfortunately on the rise.

On 12/31/18, minimum wages and the threshold for exempt status will increase in New York State.