In July, we reported that a three-judge panel for the Ninth Circuit withdrew its holding in Vazquez v. Jan-Pro Franchising Int’l that Dynamex Operations West, Inc. v. Superior Court—the landmark California Supreme Court decision that makes it harder for companies to rely on independent contractors—applies retroactively. Rather than answering the question of Dynamex‘s retroactivity, the Court stated its intent to file an order certifying that question.
5 & 5: Join Us For The Top 5 Employment Law Developments In EMEA
Join us in our new Palo Alto office for a breakfast briefing on October 30 as we explore the top 5 trends impacting multinational employers in EMEA.
Hear from leading practitioners in 5 key EMEA jurisdictions – France, Germany, South Africa, Spain and the United Kingdom – as we address these key developments:
1. Tips for operating under new political leadership
2. Navigating significant labor reform
3. Managing a modern workforce, from contingent workers to outsourcing service models
4. Addressing the gender pay gap, including gender pay legislation and expectations
5. Complying with changes in termination and anti-harassment legislation
Click here to view the invitation.
U.S. Women’s Soccer Keeps Equal Pay In Play
This summer the U.S. Women’s Soccer team won more than the World Cup – they’ve had tremendous success in garnering public support in their bid for equal pay. However, beyond the star power of Alex Morgan and Megan Rapinoe, pay equity continues to be a hot button issue for employers in the U.S.
We’re pleased to share a recent Bloomberg article authored by Robert Lewis, Emily Harbison and Caroline Burnett that examines the employment law landscape for pay equity-related laws in the U.S.
Read our article here.
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.
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
NLRB Union Election Proposal Addresses 3 Limited Issues
In August, the National Labor Relations Board issued a notice of proposed rulemaking to address three rather limited situations involving employee representation issues. These proposed rules follow 70-plus years of experimentation with a hodgepodge of ad hoc one-off decisions, dramatic changes and frequent reversals in the process of enabling employees to exercise their rights under the National Labor Relations Act.
Read more here.
This article was originally published on Law360.com.
Now Available! The Global Employer: Focus on Global Immigration & Mobility 2019-2020
We’re thrilled to announce the release of a new edition of The Global Employer: Focus on Global Immigration & Mobility.
This handbook is the go-to resource for in-house counsel, human resource managers and global relocation professionals to identify key mobility issues — ranging from business immigration and compliance, to employment and compensation. It provides strategic guidance and need-to-know information to help employers manage cross-border movement of managers, professionals, trainees and business visitors.
Click here to request a complimentary copy for yourself or your colleagues.
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
ERISA And The Gig Tsunami
We’re excited to announce a new article authored by Jim Baker that was published in the Summer 2019 issue of the Benefits Law Journal.
In this article, Jim covers how the dramatic increase in the number of workers who are classified as independent contractors is changing how employers and workers interact, specifically the implications on employee benefit plans that are subject to ERISA.
To read the article, click here.