Companies with operations in California can exhale slightly, with the Ninth Circuit Court of Appeal and another California appellate court recently concluding, separately, that the rigid “ABC Test” established in Dynamex v. The Superior Court of Los Angeles County does not apply in the joint employer context.
Continue Reading Courts Confirm Martinez – Not Dynamex – Applies To Joint Employer Claims In California
The Controversial ABC Test From Dynamex Is Codified In Law — California’s Gig Economy Braces For Change
Today California Governor Gavin Newsom signed a landmark bill making it more difficult for companies to engage independent contractors. (See our previous coverage HERE.) Assembly Bill 5 “will help reduce worker misclassification — workers being wrongly classified as ‘independent contractors’ rather than employees, which erodes basic worker protections like the minimum wage, paid sick days and health insurance benefits,” Newsom wrote in a statement.
Continue Reading The Controversial ABC Test From Dynamex Is Codified In Law — California’s Gig Economy Braces For Change
The NLRB Acknowledges The Inevitable And Adopts The Contract Coverage Test
This week, the National Labor Relations Board finally came to its senses and adopted the contract coverage test for cases alleging an employer had unlawfully, unilaterally changed employees’ terms and conditions of employment. MV Transportation, Inc. 368 NLRB No. 66 (2019). This week’s decision is likely to change the forum unions select for the enforcement of their labor agreements. Ironically, the decision may compel employers to consider additional bargaining rather than litigation before an arbitrator given there is little opportunity to appeal an adverse arbitration award.
Continue Reading The NLRB Acknowledges The Inevitable And Adopts The Contract Coverage Test
Applying Epic Systems, The NLRB Adopts Employer-Friendly Arbitration Stance
As previously detailed here, the U.S. Supreme Court’s 2018 Epic Systems decision established that requiring employees to waive their right to pursue collective or class actions does not violate the National Labor Relations Act’s “catchall” protection—the right to engage in “concerted activity”—and courts must enforce arbitration agreements as written.
The Supreme Court not only confirmed the legality of class action waivers under the Federal Arbitration Act, but it also narrowly construed the NLRA’s catchall provision as focused on the right to organize unions and bargain collectively in the workplace.
The Court’s holding that the right to engage in such “concerted activities” does not guarantee collective or class action procedures underpins a recent NLRB decision concerning issues of first impression: imposing and requiring as a condition for continued employment a new class action waiver rule in response to collective action.Continue Reading Applying Epic Systems, The NLRB Adopts Employer-Friendly Arbitration Stance
New Chicago Ordinance Requiring Advance Notice Of Work Schedules
Chicago is the most recent city to adopt a “predictive scheduling” ordinance, the Chicago Fair Workweek Ordinance.
Effective July 1, 2020, employers subject to the Ordinance must provide advance notice of work schedules to covered employees. If changes are made to the posted schedule, employers must pay additional wages, “predictability pay,” as a penalty. This penalty applies to both increases and reductions of shifts.Continue Reading New Chicago Ordinance Requiring Advance Notice Of Work Schedules
Illinois Becomes Latest To Ban Salary History Inquiries
You may have been waiting with bated breath after we reported last month on the possible amendment to the Illinois Equal Pay Act. Well, at last Governor Pritzker put pen to paper, and the IEPA amendment will officially go into effect on September 29, 2019.
Continue Reading Illinois Becomes Latest To Ban Salary History Inquiries
Gen Z – What Employers Can Expect With The Next Generation Of Workers
We’re pleased to share a recent Bloomberg article authored by our colleagues, Benjamin Ho and Caroline Pham. Ben and Caroline examine what the next generation of workers, Generation Z, expect from and can offer employers.
To get ahead of the curve in preparing for the change that this new generation will bring, check
New Protocol For Unions In Mexico To Legitimize Collective Agreements
As of August 1, companies doing business in Mexico can anticipate that unions will move quickly to legitimize existing collective agreements under a new government-issued protocol. Among other steps, the process includes a vote by covered employees to determine whether they approve the terms of the agreement. Collective agreements must be legitimized by May 1
The Future Of Work: Insights From Our 2019 Global Employer Forum
In May, we gathered nearly 100 inspiring leaders and thinkers from the business and academic world to predict and plan for the future of work. We are delighted to share key messages and insights from our fourth Global Employer Forum in the link below.
However, in case you’re short on time, here’s the tldr:
We are in a period of unprecedented transformation, driven by technological development, globalization and significant demographic changes. Our world is hyper-connected, and the pace of change is rapid, bringing social and political transformation and creating profound global shifts in expectations. Global employers must evolve at speed to meet these disruptive forces head-on and to thrive in this future of work.Continue Reading The Future Of Work: Insights From Our 2019 Global Employer Forum
Paid Family Leave In 2019: A Multinational Employer’s Guide
This article was originally published on Law360.com
Developed countries across the globe are increasingly adopting and augmenting paid family leave laws, seeing such laws as a “win-win” for both employers and employees. For employees, paid family leave laws allow new parents to bond with and care for their children in the stressful and crucial initial