A Definitive Approach to Analyzing Whistleblower Retaliation Cases

With an assist from the California Supreme Court, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has identified the correct evidentiary standard to be used when evaluating whistleblower retaliation cases. Consistent with clarification recently provided by the high court in the Golden State, the Ninth Circuit ruled that the test set forth in California Labor Code §1102.6—one that is more favorable to employees—is the benchmark courts should use to analyze state whistleblower retaliation claims. (Read More)

Congress Has Spoken on Court Access for Victims of Workplace Harassment and Assault

In a rare show of bipartisanship, the U.S. Senate has just passed legislation arising out of the #MeToo movement that guarantees the victims of workplace sexual harassment or assault the ability to pursue litigation against their employers in court, as opposed to arbitration. (Read More)

Contracts Are Now A Must for Domestic Workers in Chicago

The new year has brought with it a new law impacting all those in Chicago who employ domestic workers.

 Effective January 1, anyone who engages a housekeeper, nanny, caregiver or home health service provider in the Windy City must provide that worker with a written contract (in their primary language) that spells out the wage and work schedule agreed upon by the employer and the individual under their employ. Notably, such an agreement is mandated whether the domestic worker is considered to be an employee or independent contractor. (Read More)

Is It Time to Ban Cellphone Bans? Recent Events at Amazon Are Instructive

Bans on the use of mobile phones at work aren’t a new concept. For years, employers across industries have barred employees from not only using, but even possessing cellphones while on the job. This includes Amazon, which—until recently—prohibited them in their warehouses.

The reasons for such a policy vary but include the adverse impact mobile phones could have on employee productivity (they can serve as a distraction), company security and overall privacy. As such, employers in several different sectors—manufacturing, hospitality and trucking, among them—say no to employees inclined to grab their smartphones to make calls, text or check headlines while actually working. (Read More)

Wage And Hour Audits: A Preparedness Primer for Employers

Being an employer is no easy feat. Between the imposition of business regulations at the local, state and federal levels, legal obligations that differ from state-to-state, and ever-changing demands of employees and customers alike, the job of an employer is a challenge, to say the least.

Federal and state wage and hour laws are an area particularly rife with potential pitfalls for employers. These rules vary by jurisdiction, but typically provide employees the legal right to compensation if their employers fail to pay the minimum wage or overtime earnings, require work to be conducted “off the clock,” overlook meal and/or rest breaks during the workday, or misclassify employees as independent contractors or as being otherwise exempt from wage and hour requirements. (Read More)

Attention Illinois Employers: Your Use of Restrictive Covenants Is About to Be Severely Limited

Meet Jane Doe, owner and operator of Chicago-based XYZ Corporation. Though business is booming at XYZ, not everything is as it should be. That’s because John—Jane’s top-performing salesperson—just departed for a cross-town competitor.

When John left XYZ, he took with him a large client base and a mountain of contact information developed over time, potentially a crushing blow to XYZ’s business. In response, and to assure this won’t happen again, Jane decided to present her remaining salespeople with agreements restricting them from competing with XYZ after the termination of their employment. She plans on requiring them to sign within ten days . . . or else. (Read More)

The Status of COVID Vaccine Mandates in the Shadow of FDA Action

For many here in the U.S., the COVID-19 vaccine remains a hot button and rather divisive issue. Some of those who have thus far refused to roll up their sleeves for inoculation have justified this decision with a common refrain: the federal government hasn’t fully approved COVID vaccines; instead, they’re only authorized for “emergency use.” This distinction has been a deal breaker for countless Americans.

But now that the Food and Drug Administration has fully approved the Pfizer-BioNTech COVID-19 vaccine, that justification no longer holds water. Not surprisingly, in the wake of the FDA’s full approval, the share of adults flat out refusing to get the vaccine has dropped by 5%—this according to a recent NPR/PBS NewsHour/Marist poll. In fact, nearly 80% of adults in the U.S. have received, or now intend to line up for, inoculation against the novel coronavirus. (Read More)

Employers Face Potentially Higher Compensation Obligations for Meal, Rest, and Recovery Breaks

Last week, the California Supreme Court issued a decision of great importance to employers statewide. In Ferra v. Loews Hollywood Hotel, LLC, the court ruled employees must receive premium payments at their “regular rate of pay” for missed meal, rest, and recovery breaks. (Read More)

Finally, Some Good Wage and Hour News for California Employers from a California Appellate Court

An appellate court in California has just issued a ruling related to wage and hour law that should be of interest (and a relief) to all employees in the state.

By way of background, Labor Code § 226 sets forth nine categories of information that must be included in wage statements. With that being said, it was broadly held last week in General Atomics v. Superior Court that an employer will not be in violation of section 226 when its wage statements allow employees to readily determine whether their wages were correctly calculated. (Read More)

California Legislature Expands COVID-19 Supplemental Paid Sick Leave Through September 30, 2021 for Employers with More than 25 Employees: FAQ Guide

On March 19, 2021, Governor Newsom signed Senate Bill 95, which requires employers in California with more than 25 employees to provide COVID-19 supplemental paid sick leave to covered employees.  The bill takes effect on March 29, 2021, at which time the requirements will apply retroactively to January 1, 2021.  California’s previous supplemental paid leave expired on December 31, 2020 and SB 95 broadens the scope in various material ways. (Read More)