Author: James W. Ward
EEOC COVID-19 Guidance Updated as Federal COVID-19 Emergency Ends
On May 15, 2023, following the end of the national COVID-19 Public Health Emergency Declaration, the Equal Employment Opportunity Commission (EEOC) updated its long running…
NLRB Restricts Employers’ Ability to Discipline Employees for Outbursts
On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision, Lion Elastomers LLC II, that could make it more difficult to discipline…
Labor Contractor Employee Pay Data Report Deferral Available
This year, large employers must submit their California pay data reports by May 10, 2023 — a deadline that is quickly approaching. However, the California…
California’s Worker Classification Law Legal Challenge Partially Revived
On March 17, 2023, the Ninth Circuit Court of Appeals partially reversed a district court’s order denying a preliminary injunction and dismissing a legal challenge…
Court Upholds Most of Proposition 22
Worker classification laws continue to evolve in California — the latest is a California Court of Appeal decision upholding most of Proposition 22’s provisions while…
CDPH, Cal/OSHA Update COVID-19 Order, Guidance
On March 3, 2023, the California Department of Public Health (CDPH) updated its COVID-19 public health order and guidance following the end of the COVID-19 State…
California Court Rules Good Faith Belief Avoids Waiting Time, Wage Statement Penalties
A California Court of Appeal recently ruled that an employer’s good faith belief that it was complying with state wage and hour laws precluded the…
NLRB Restricts Use of Confidentiality, Non-Disparagement Provisions in Severance Agreements
On February 21, 2023, the National Labor Relations Board (NLRB) issued an important decision that may affect employers’ use of confidentiality and non-disparagement clauses in…
Employers Don’t Need to Count Overtime Twice in Percentage Bonuses
A California Court of Appeals recently ruled that employers can calculate nondiscretionary percentage bonuses using the federal Fair Labor Standards Act (FLSA) calculation method detailed…
California’s Nonemergency COVID-19 Regulation Now Effective
California’s nonemergency COVID-19 regulation is now in effect, replacing the previous emergency COVID-19 temporary standards. As previously reported, on December 15, 2022, the California Occupational…