The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of extreme peril, but
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Fighting Abuse in the Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors.
Even though the employees’ opinions or arguments on the subject matter discussed at those meetings may constitute…
Effective April 1, 2022: Tucson, Arizona’s Minimum Wage Ordinance
It’s not an April Fools’ Day joke – tomorrow, Tucson’s Minimum Wage Act (the “Act”), also known as Proposition 206, takes effect. The Act increases the minimum wage to $13.00 per hour for all employees (full-time, part-time, temporary, and those engaged…
It’s Official: The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” Is Now Law
By Bill Hayden
As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the enforceability of U.S. employers’ mandatory arbitration agreements…
What’s New This Week In California COVID law?
California employers have certainly had to be on their toes these last two years when it comes to dealing with COVID in the workplace. This week was no different.
The Labor Commissioner just released the mandatory poster regarding the 2022…
Claims of Sexual Misconduct Can No Longer Be Forced Into Mandatory Arbitration
By Bill Hayden
The majority of U.S. employers have elected to adopt the use of mandatory arbitration agreements, requiring that all employment-related claims be arbitrated and not litigated. Pursuant to a series of landmark United States Supreme Court decisions, such mandatory arbitration agreements…
Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges
By Mark Morris
In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company, Ltd., v. Labor Commission and Sergio Herrera,…
CMS Revises Enforcement Guidance—Again
After the publication of our Legal Alert on the Supreme Court decision lifting the stay on the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “Rule”) published by the Centers for Medicare & Medicaid Services (“CMS”), CMS released…
Supreme Court Confronts OSHA ETS
By Chuck Keller
In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”). One issue pertained to the merits of the appeal and whether the OSHA ETS was valid and enforceable. The…
Work Authorization Update—Relaxed Rules For E, L, and H Spouses
Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses have the ability to work “incident to status” and that…