In Lamps Plus, the Supreme Court held that when an arbitration agreement is ambiguous on the availability of class arbitration, courts
While the benefits of arbitration clauses in employment documents with US employees are highly publicized and well known, arbitration clauses with employees outside of the US (OUS) are much less prevalent due to enforceability issues and administrative hurdles.
We were delighted to hear from Vernā Myers, Vice President of Inclusion Strategy at Netflix, at our Global Employer Forum in New York last month.Vernā is a Harvard-trained lawyer, author, TED speaker and diversity advocate. She revolutionizes corporate culture. Her keynote address at the Forum challenged leaders to critically examine their own unconscious biases
The California State Assembly passes a Bill that codifies the infamous “ABC” test for independent contractor determination — will the Senate follow suit, and will the Governor sign the new legislation into law?On May 29, 2019, by a 55-11 vote, the state Assembly passed AB 5, a bill that would codify the California’s Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court.
Continue Reading California Assembly Passes Bill Codifying “ABC” Test For Independent Contractor Determination
On May 14, the European Court of Justice ruled that Member States are required to impose an obligation on employers to establish an objective, reliable and accessible system that keeps a daily record of the hours worked. However, Member States have some discretion as to the system that is used to record working time, which
The Office of Federal Contract Compliance Programs has updated the National Labor Relations Act rights poster that federal contractors and subcontractors are required to display under Executive Order 13496. The changes are minor, consisting of a new telephone number for the NLRB and hearing impaired contact information. But government contractors and subcontractors should replace their
[With special thanks to our summer associate Lennox Mark for his contribution to this post.]
From coast to coast, state and local governments are debating and enacting legislation to broaden workplace protections for employee dress and grooming practices. And not surprisingly, employee complaints regarding employer grooming policies — that such policies contribute to discrimination by unduly burdening certain racial characteristics, religious beliefs or health conditions — are on the rise.
In February 2019, the New York City Commission on Human Rights issued a statement of legal enforcement guidance expanding the definition of prohibited race discrimination to include discrimination based on hairstyle. The Commission explained that workplace “grooming or appearance policies that ban, limit, or otherwise restrict natural hairstyles or hairstyles associated with Black people generally violate [local law].” By expressly including hairstyle as a protected characteristic, the Commission effectively created a new legal claim for Black employees who suffer adverse employment actions because their natural hairstyles fail to comport with previously accepted workplace rules.Continue Reading Employers, Are Your Grooming Policies Discriminatory?
As we previously reported, in January, in Rosenbach v. Six Flags Entertainment Corp., the Illinois Supreme Court held that a plaintiff need not plead an actual injury beyond a per se statutory violation to state a claim for statutory liquidated damages or injunctive relief under the Illinois Biometric Privacy Act (BIPA).
(By way of reminder, the Illinois BIPA prohibits gathering biometric data such as fingerprints without notice and consent. It also requires data collectors adopt a written policy and a destruction policy for data which is no longer required.)
In the wake of Rosenbach, dozens more class actions have been filed in Illinois state courts. Following Rosenbach,plaintiffs can seek injunctive relief and statutory penalties under the BIPA on a class-wide basis. Despite the flurry of activity by the plaintiff’s bar over the past several years, Illinois courts have only recently started addressing such claims. The rulings since Rosenbach demonstrate a strong commitment not to deviate from the Illinois Supreme Court’s holding.
Continue Reading BIPA After Rosenbach — A Broad Interpretation By Illinois Courts
Hiring Entity: When are gig workers employees?Trying to track the employment status of gig workers will make your head spin. Contractors? Employees? Super heroes?
In the last few weeks, four federal and California state agencies and courts — the US Department of Labor, the National Labor Relations Board, the Ninth Circuit Court of Appeals and the California Labor Commissioner — have all weighed in on the debate. And, the answer is — it depends.
Follow our script below to help make sense of the patchy legal landscape.Continue Reading The Essential Question Of The Gig Economy
How to bridge the gap between HR and legal to avoid exposure in the US and beyondEffective HR departments are imperative to the operation of any company and functions including benchmarking and non-solicitation agreements serve an important need. However, increased scrutiny from antitrust regulators means that companies and staff that agree not to poach
