Employment & Labor

This year is off to a fast start and plan sponsors might find their heads spinning as they try to keep track of rapidly developing employee benefits legislation and guidance.  We periodically consolidate key newsletters and blog posts to help our readers stay organized and catch up on anything they might have missed in the mayhem.  Below, please find links to several SW Benefits Updates and blog posts covering critical developments in the employee benefits…
The Governor has signed Senate Bill 93, which would require that covered employers offer employees laid off due to the COVID-19 pandemic available positions based on a preference system. The new statute is targeted at the hospitality industry, which has started to reopen as the state moves toward full reopening. The bill is a budget bill and therefore the statute becomes effective immediately. Specifically, the ordinance applies to the following industries: Hotels Private clubs…
In 2017, a class action lawsuit was filed against the popular fast food business, Chipotle, for misclassifying its workers as salaried employees who were exempt  from overtime pay. Carmen Alvarez, an employee at the time, filed the complaint in the U.S. District Court in New Jersey on behalf of herself and other Chipotle workers in similar situations. The suit, consisting of over 4,800 workers, was finally settled for $15 million after Chipotle agreed to…
As the state of California moves toward full reopening, employers in certain jurisdictions in California already have to contend with local right of reemployment or recall requirements. While last year Governor Newsom vetoed a statewide right of recall, the state legislature has approved a similar statute, Senate Bill 93.  If signed by the Governor, the bill would require that covered employers offer employees laid off due to the COVID-19 pandemic available…
Hospitality and event center workers received additional job rights protection under a new ordinance passed by the Minneapolis City Council. The new ordinance requires employers to recall those workers, if and when they are needed in reverse order of seniority. Ordinance No. 2021-12, entitled “Hospitality Worker Right to Recall,” seeks to minimize the impact on affected employees in an industry particularly hard-hit by the COVID-19 pandemic and to stabilize the workforce. The ordinance becomes…
Mandatory arbitration clauses for employment disputes have received a great deal of attention in recent years. In the First Circuit, there is now more clarity regarding the factors used to determine the enforceability of online arbitration agreements. Overview The First Circuit Court of Appeals’ recent decision, Emmanuel v. Handy Technologies, Inc., concerns the appellant’s 2015 putative class action against Handy Technologies, Inc., which operates an online platform that allows users to hire housekeepers and…

Employment & Labor Blogs