Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

The answer is not as much as you may think. Much of the recent media coverage of California’s Assembly Bill 5 (AB 5) suggests that the bill represents a sea change in California law with respect to the classification of independent contractors. Not quite. Pre-AB 5: The ABC Test Has Been California’s Test Since April 2018 The real sea change occurred over a year ago in April 2018, when in a significant decision the Supreme…
As of July 28, 2019, Washington employers with 15 or more employees are required to provide reasonable break time for employees to express breast milk. (See House Bill 1930 and Revised Code of Washington 43.10.005.) Break time must be provided each time the employee needs to express breast milk, and must be provided for up to two years after the child’s birth. If the employer has space in its business or worksite, it must…
They’re Baaaack. Congress is back in session this week, and my commute once again came to a grinding halt. With roughly three months of scheduled work in D.C. before the end of the year, members in both the U.S. House of Representatives and U.S. Senate are strategizing on how best to use this time. For example, government funding runs out at the end of the month, and Congress will have to come to an agreement—a…
On August 30, 2019, California Governor Gavin Newsom signed Senate Bill (SB) 778 into law, thereby giving employers more time to comply with the state’s sexual harassment training requirement. In September 2018, former governor Jerry Brown signed SB 1343, requiring California employers with five or more employees to provide sexual harassment training to all supervisory and nonsupervisory employees by January 1, 2020. SB 778 amends Section 12950.1 of the Government Code such that employers…
On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The new three-factor test, known as the ABC test, determines whether a company “employs” a worker under the wage orders, which address certain requirements for minimum wage, overtime, and meal and rest periods, among others. Assembly Bill (AB) 5 “would state…
Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus Section 7 rights of employees during a labor dispute, the National Labor Relations Board (NLRB) recently issued another pro-employer decision. In Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64 (2019), issued September 6, 2019, the…
On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced a new notice of information collection regarding the Employer Information Report (EEO-1). Through the 60-day notice, the EEOC is seeking authorization to continue collecting EEO-1 Component 1 data for another three years. The notice, does not, however, request authorization for the collection of Component 2 data. The new notice also does not affect employers’ obligations to report 2017 and 2018 Component 2 data…
Reversing among its most controversial lines of precedent, the National Labor Relations Board (NLRB) issued a decision on September 10, 2019, that significantly changes the legal standard to determine whether an employer with an existing collective bargaining agreement has a continuing duty to bargain as to particular matters. In MV Transportation, Inc., 368 NLRB No. 66, the Board’s majority held that it would no longer apply the “clear and unmistakable waiver” standard in determining…