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US Secretary of Labor, Alexander Acosta, recently announced the creation of a new office, the Office of Compliance Initiatives. The “OCI” will be tasked with promoting greater knowledge of federal labor laws and regulations through enhanced compliance assistance outreach efforts. The goal of the OCI initiative is to prevent workplace violations.
Continue Reading The DOL Creates A New Compliance Office And Announces Six New Opinion Letters

With the modern workforce comes modern employment problems. Businesses and workers alike have embraced the “gig economy,” but employment laws were not designed for workforces dominated by independent contractors and freelancers. This disconnect leaves gig economy businesses open to significant liability where such workers should have been classified as employees under the law.Continue Reading New York Delivers Good News For Independent Contractors, But Risks Remain

Last month the California Supreme Court ruled in favor of a class of 1,400 student bus drivers who sued their employer for failing to comply with state background check laws. The Court’s decision is notable because it is part of a broader trend of states and cities making it more difficult for employers to use background checks. Under Connor v. First Student, Inc., employers in California must comply with overlapping statutes regulating investigative consumer reporting agencies.Continue Reading California Supreme Court Pro-Employee Ruling Affirms Employer Duty To Comply With Overlapping Background Check Laws

A recent decision by the National Labor Relations Board left experienced labor practitioners scratching their heads. In Tschiggfrie Properties Ltd. v. NLRB, a three-member panel of the Eighth Circuit did more.

The panel vacated the NLRB’s decision in a case involving an employee who was fired for abusing his employer’s Wi-Fi and for sleeping

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Craig Lee and Will Woods from Baker McKenzie’s Antitrust & Competition team shared the following update regarding no-poach agreements:

In July 2018, State Attorneys General from 11 states formed a coalition to investigate no-poach agreements in franchise contracts that restrict the ability to recruit or hire employees from the franchisor or another franchisee of the same chain. As part of the investigation, the coalition requested information about no-poach policies and practices from several fast food franchises.

Continue Reading Risks Of Employee No-Poach Agreements

The First District Court of Appeal’s August 1, 2018 decision in Nishiki v. Danko Meredith, APC reminds employers of the harsh consequences for failing to timely (and properly) pay an employee’s wages upon resignation or termination.

The Court of Appeal addressed the Superior Court’s order 1) affirming the California Labor Commissioner’s award of $4,250 in “waiting time” penalties (i.e., the statutory penalty under Labor Code section 203 for the time an employee has to wait for the late payment of final wages), and 2) awarding Nishiki attorneys’ fees in the amount of $86,160 following the employer’s unsuccessful appeal from the Labor Commissioner to the Superior Court. On further appeal to the Court of Appeal, the employer argued the waiting time penalties were unwarranted and the attorney fees award was excessive. Though the Court of Appeal reduced the waiting time penalties, it otherwise affirmed the judgment and remanded for the trial court to award Nishiki additional attorneys’ fees incurred in responding to Danko’s appeal to the First District.Continue Reading Substantial Penalties For Innocent Mistakes Regarding Final Wages Upon Termination

Since January 1, 2018, California law has prohibited employers from asking applicants about their salary history. Earlier this month, Governor Jerry Brown signed AB 2282 into law to clarify several aspects of the salary history ban.
Continue Reading California Clarifies Its Salary History Ban, Making It Easier For Employers To Comply

Last week, in Troester v. Starbucks Corporation (Case No. S234969), the California Supreme Court weighed in for the first time on the viability of a de minimis defense to California wage and hour claims.

Many commentators have since rushed to declare that “de minimis” is dead. Not so.Continue Reading California Supreme Court Leaves Open The Possibility Of A De Minimis Defense For Wage And Hour Claims – But Not Under The Facts Of This Case

On July 24, Homeland Security Investigations (HSI) – the investigative agency within the US Immigration and Customs Enforcement responsible for Form I-9 Compliance – announced that it served I-9 audit notices to more than 5,200 employer since January as part of a two-phase nationwide worksite enforcement operation.

Last week, HSI served 2,738 Notices of

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While immigration debates, policies and rules make the news seemingly every day, very few new laws or regulations have actually been implemented for employment-based immigration. Behind the scenes, however, strict new interpretations of existing laws and under-the-radar changes in enforcement have significantly impacted the ability of companies to transfer, hire and keep foreign employees in…