The labor shortage is an everyday lament for employers struggling to fill positions. Employers limp along short-staffed and baffled they aren’t attracting suitable applicants. But jobseekers are equally frustrated. While...
Employment Law Letter
In September 2019, the U.S. Department of Labor (DOL) expanded the Fair Labor Standards Act’s (FLSA) overtime coverage to more than one million workers. In response, employers everywhere readied themselves for a...
At least three times this decade, the California Legislature attempted to put limits on predispute agreements to arbitrate sexual harassment, discrimination, or other types of employment disputes. Every time bills were...
Angelica Ramirez and her former employer, Charter Communications, were parties to an arbitration agreement. After Charter fired her, she filed a lawsuit alleging claims under the California Fair Employment and Housing...
Many employers, especially national employers, insert choice-of-law and forum selection provisions in their employment agreements specifying application of the laws and venue of other states for resolution of disputes...
The Public Employment Relations Board (PERB) is a state agency that oversees public employee labor relations in a manner similar to the National Labor Relations Board (NLRB) in the private sector. In 2001, PERB was given...
Among the many overly specific requirements of California employment law, few are more idiosyncratic than the obligation in state wage orders to provide suitable seating for all employees when using the seats doesn’t...
Our best and most consistent advice is to obtain an integrated at-will employment agreement from every employee, including a provision that any prior oral statement that isn’t in the at-will agreement is null and void...
On February 9, Governor Kathy Hochul announced that on February 10, she was ending a divisive rule that broadly forced all businesses and venues without a COVID-19 vaccine mandate to require employees, customers, and...
Many of our subscribers are school districts or public employers whose employment law issues sometimes diverge from those of private businesses. Here is one: Government employers must respect employees’ First Amendment...
Q What are the current COVID-19 rules regarding leave and quarantine for a positive test? Should it begin from symptom onset or from test date? We want to allow employees to return to work as soon as possible, but we...
Q If we pay the premium for employees’ long-term disability (LTD) benefits and they need to use LTD one day, would they owe taxes on the amount they receive? A There are two main types of LTD plans. The first is...
As we await word on the fate of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-weekly-testing mandate for larger employers, it’s clear the U.S. Supreme Court (SCOTUS) doesn’t seem to be in...
At the beginning of the pandemic in 2020, the New York Legislature passed a paid sick leave benefit affording up to 14 days of sick leave. Then, the New York State Department of Labor (NYSDOL) issued guidance in January...
In a recent decision, the U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, held that Hayley Paige Gutman (a renowned bridal designer and social media “influencer” of “Say Yes to the...