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Labor & Employment Law Blog

Manageability – a New Weapon to Stave Off Unmanageable PAGA Claims

By Thomas Kaufman & Harrison Thorne

September 14, 2021

On September 9, 2021, California’s Court of Appeal issued an important decision in Wesson v. Staples The Office Superstore, LLC (“Wesson”), holding that trial courts have discretion to strike claims brought under the Private Attorneys General Act (“PAGA”) when a trial of the action would be unmanageable. Unless the California Supreme Court grants review, Wesson will be binding upon California state courts and federal district courts.…

Labor & Employment Law Blog

New Laws Passed in New Jersey Designed to Identify and Penalize Employers Who Misclassify Employees as Independent Contractors

By James Hays, Sean Kirby & Jamie Moelis*

September 13, 2021

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Since taking office, New Jersey Governor Phil Murphy has prioritized eliminating misclassification of employees as independent contractors. In furtherance of this goal, on July 8, 2021, Governor Murphy signed four bills into law which make it easier for the state to (i) identify employers who misclassify employees as independent contractors, and (ii) penalize employers for such misclassification. Highlights from each of these four laws are summarized below:…

Labor & Employment Law Blog

President Biden and OSHA to Require Vaccine Mandate or Weekly Testing for Employers with 100+ Employees

By Kevin Cloutier, Shawn D. Fabian & Elizabeth Rowe

September 10, 2021

On September 9, 2021, the White House released a memorandum titled “Path Out of the Pandemic,” which detailed President Biden’s COVID-19 Action Plan. The memorandum contains six priorities for combatting the COVID-19 pandemic, including a requirement that all employers with 100 or more employees must implement a vaccine mandate and/or require weekly testing of unvaccinated workers.…

Labor & Employment Law Blog

NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease

By Eric Raphan, Lindsay Colvin Stone & Myles Moran*

September 9, 2021

On September 6, 2021, New York Governor Kathy Hochul announced that COVID-19 has been designated as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s HERO Act (“HERO Act” or the “Act”). At the time of the publication of this article, the Commissioner of Health’s designation is only effective until September 30, 2021. On September 30, the Commissioner will review the level of COVID-19…

Labor & Employment Law Blog

Reminder: ARPA COBRA Subsidy Expiration Notice Due by September 15

By Michael Chan, Betsy Luxenberg & Deena Muzafar

September 2, 2021

The American Rescue Plan Act (“ARPA”) requires the full cost of COBRA premiums to be subsidized for COBRA continuation coverage during the period from April 1, 2021 through September 30, 2021 (“Subsidy Period”) of certain assistance-eligible individuals (“AEI“) whose COBRA qualifying event was due to an involuntary termination or reduction in hours. Our prior blog post, COBRA Premium Assistance Under the American Rescue Plan Act of 2021 – What Employers Should Know, provides information…

Labor & Employment Law Blog

New Texas Law Expands Employee Rights and Employer Liability for Sexual Harassment Claims

By Jonathan Clark, Stephen Fox & Dan Syed

September 2, 2021

Total Planetary Alignment. Halley’s Comet. A Full Solar Eclipse. Texas Enacting Heightened Employee Protections Beyond Federal Law. What are “things that rarely happen in your lifetime?” In Texas, the general rule is that employee-facing legal protections overlap with—and extend no further than—its federal counterparts. But newly-enacted state legislation concerning workplace sexual harassment has bucked that trend.…

Labor & Employment Law Blog

Illinois Governor Signs Non-Compete Legislation

By Kevin Cloutier, Shawn D. Fabian & Umar Sattar

August 26, 2021

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On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a bill codifying existing noncompete law in some respects and modifying it in others. We detailed the Bill in a prior blog here. The Bill is now the law. The amendments become effective on January 1, 2022 and will not apply…

Labor & Employment Law Blog

San Francisco Mandates Proof of Full Vaccination for Entry Into Many Establishments

By Brian Fong & Danielle Thompson

August 20, 2021

On Thursday, August 12, 2021, the San Francisco Department of Public Health (SFDPH) published an order strengthening the COVID-19 safety requirements applicable to many business establishments and event spaces in the City and County of San Francisco (the “Order”). As outlined below, the Order requires significant new vaccine mandates for San Francisco businesses operating (1) Indoor Food and Drink and Fitness Facilities; (2) Large Outdoor and Indoor Events; and (3) High Risk Care or Living…

Labor & Employment Law Blog

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

By James Hays, Keahn Morris, John Bolesta & Myles Moran*

August 19, 2021

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) was likely to undergo substantial policy changes under President Biden. This process began when President Biden took the unprecedented step of firing former General Counsel Robb before his four-year term had expired and continued as Peter Sung Ohr, the Acting General Counsel who was appointed to replace Robb, rescinded many of the more notable guidance memoranda Robb issued during his…

Labor & Employment Law Blog

Picking Up the “Key to NYC”: New Vaccination Regulations Now Effective for New York City Employers

By Jack Kiley & Lindsay Colvin Stone

August 18, 2021

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On August 3, 2021, New York City Mayor Bill de Blasio announced the “Key to NYC” program (“Key to NYC” or the “Program”), which implemented new mandatory COVID-19 vaccination requirements for employees and patrons of certain indoor establishments in New York City. Effective August 17, 2021, business entities covered under Key to NYC must require proof of COVID-19 vaccination for employees, patrons and most other individuals entering the premises, with certain limited exceptions (outlined below). …

Labor & Employment Law Blog

Up-to-date Information on Labor & Employment Law

Blog Authors

Manageability – a New Weapon to Stave Off Unmanageable PAGA Claims

New Laws Passed in New Jersey Designed to Identify and Penalize Employers Who Misclassify Employees as Independent Contractors

President Biden and OSHA to Require Vaccine Mandate or Weekly Testing for Employers with 100+ Employees

NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease

Reminder: ARPA COBRA Subsidy Expiration Notice Due by September 15

New Texas Law Expands Employee Rights and Employer Liability for Sexual Harassment Claims

Illinois Governor Signs Non-Compete Legislation

San Francisco Mandates Proof of Full Vaccination for Entry Into Many Establishments

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

Picking Up the “Key to NYC”: New Vaccination Regulations Now Effective for New York City Employers

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