In deciding whether California's overtime laws apply to nonresident employees who spend full days or weeks working in the state, the California Supreme Court has previously held that the state's labor code applies to overtime work "performed in California." By focusing on the location of the work performed, the Supreme Court signaled the state's strong interest in enforcing its overtime laws for work performed within its borders without regard to either party's residence as controlling factors.
- Government Contractor Paid Leave Accrual - Does It Apply to Your Employees? And If So, What Does It Require?4.14.17
Regulations implementing Executive Order 13706, which requires affected employers to provide paid sick leave of up to 56 hours per year to certain employees, became effective on January 1, 2017. While it remains to be seen whether the Trump Administration will withdraw or modify the Executive Order and its implementing regulations, it has been in effect now for more than three months. Despite the effective date, many government contractors and subcontractors are not subject to the Order and regulations, and many others who potentially will be, are not currently affected.
President Donald Trump is expected to soon sign a Congressional resolution revoking one of several Occupational Safety and Health Administration rules vulnerable to the Congressional Review Act. In response to Dr. David Michaels' argument against Trump signing the resolution in an article previously published by Bloomberg BNA, Partner Edwin G. Foulke has written the following, suggesting that OSHA move away from an enforcement-driven model to a compliance assistance model to help improve safety in the workplace.
Since the election of President Donald Trump, the California Legislature has been vocal and active in efforts to resist announced or anticipated actions of the Trump administration. This includes efforts to make California a “sanctuary state,” measures to protect California’s environmental standards, legislative resolutions and statements against the travel ban and other Trump proposals, and actions to provide services and support to immigrants in California.
There is no greater area of business innovation than in the shared economy. Companies like Uber, AirBnB and Postmates are among the leaders in technical innovation and business strategy. At the heart of the shared economy is the creative way these entrepreneurs look at traditional business models. Uber is a car-driving company with no cars, AirBnB is a lodging company with no real estate and Postmates is a food delivery service that has no restaurants. Although the shared economy works in different industries, they share a common thread of using freelancers instead of employees.
- A new era of immigration enforcement is coming. Here’s how employers can follow the law, protect themselves, and support their workers.3.10.17
President Trump’s second attempt at a travel ban arrived this week, with provisions intended to prevent it from being blocked in court, as the first one was. On Wednesday, Hawaii became the first state to challenge the new immigration order in court, but there’s no sign Trump plans to relent. He has promised to increase the Immigration and Customs Enforcement (ICE) force by 15,000 officers, many of whom will be tasked with ensuring employers’ compliance with immigration law.
Pay equity issues are hot these days, in the boardroom and in the courtroom. Ask any employment lawyer and they will probably tell you that equal pay is likely to be one of the hottest topics in 2017 and beyond. This is doubly so for New York employers, due in no small part to the state's Achieve Pay Equity Act (APEA).
In the article, "Texas' Secret Weapon To Keep Ex-Employees Honest," featured in Law360, Partner Art Lambert discusses a strategy that can prove highly effective when dealing with noncompete and trade secret disputes with former employees.
In the article, "How to Prevent Violence in the Workplace," featured in Vegas Inc., Attorney Travis Vance discusses how to be proactive when it comes to workplace violence to stop incidents before they occur.
In the article, "Securing An Ex Parte Seizure Remedy Under DTSA," featured in Law360, Attorney Kevin Burns discusses the Defend Trade Secret Act
In the article, "How the 'Opportunity to Work Act' Adversely Impacts Part-time Employment," featured on Hotel Management, Attorneys John Mavros, Jeff Thurrell and Laurie Koscielak discuss California's hospitality industry, California and the possible new national trend that will severely affect such employers’ ability to manage their workforce.
In this article, "Sick and Tired: Managing Employee Absenteeism During Flu Season" featured on the Columbus Bar Association, Curtis Moore discusses the need to counteract these staggering costs by implementing policies and procedures to promote wellness and reduce employee absenteeism.
In the article, "The patient is not always right: Discriminatory staffing requests can create legal exposure," featured in Becker's Hospital Review, David Amaya outlines recent court decisions involving race-based patient staffing requests and discrimination claims that resulted from honoring such requests.
In the article, "Immigration Attorney Cites Anxiety Over Next Steps in Federal Immigration Rules," featured in Memphis Daily News, David Jones gives advice to employees and employers on the Trump immigration travel ban.
In the article "How Andrew Puzder Could Impact the New York Workforce as Labor Secretary," featured in the New York Business Journal, Seth Kaufman discusses what Puzder's proposed policies mean for New Yorkers.
In the article, "How would Neil Gorsuch rule on workplace law cases that come before the Supreme Court?" featured in Crain's Cleveland Business, Attorney Andrew Moses discusses President Trump's recent nomination of Judge Neil Gorsuch to fill the vacant seat on the U.S. Supreme Court bench.
Recent surveys show employers lose over $100 million each year in wages due to employees taking time away from work for the Super Bowl. In the article "Don't Let the Super Bowl Deflate the Workplace," featured in the Vancouver SW Washington Business Journal, Alex Wheatley provides tips for employers and employees.
In the article "Employment Law 101: Wages," featured in Marijuana Venture, Alex Wheatley provides insight on the Fair Labor Standards Act (FLSA).
In the article, "Flirting with Disaster: Today's Office Fling May Be Tomorrow's Court Filing," featured in the Daily Business Review, Candice Pinares-Baez discusses workplace romances and and what employers should do proactively to avoid or reduce chances of legal matters.
In the article, "Workplace implications of Trump’s immigration ban," featured in Akron Legal News and The Daily News, David Jones discusses the controversial executive order focusing on immigration issues signed by President Trump.
In the article, "Trump Immigration Ban Can Hurt Business, Workers," featured in Columbus Business First, David Jones discusses the impact of the immigration order on the U.S. business sector, particularly in health care, technology, engineering and science.
Oregon’s Bureau of Labor & Industries (BOLI) recently announced a new interpretation of overtime compensation rules that directly impacts Oregon breweries and brewpubs. Under the new guidance issued in December 2016, employees in “manufacturing establishments” must be paid overtime rates for hours worked in excess of 40 hours per week and overtime rates for any hours in excess of 10 hours in any given day.
In the article, "Supreme Court Ruling May Result in Trade Secret Disclosure," featured in Law Week Colorado, Adam Brown discusses the ruling by Colorado Supreme Court that a party in litigation seeking to prevent responsive discoverable information from disclosure under a protective order must first demonstrate that the information in fact constitutes trade secrets or other confidential information before a protective order can be entered.
In the article, "Gorsuch is No Conservative Lapdog on Employment Front," featured in the Daily Business Review, Charles Caulkins discusses the the president's selection of Judge Neil Gorsuch to fill the vacant seat on the U.S. Supreme Court Bench.
In the article, "Romance at Work? Brew Up a Love Contract," featured in the Oregon Beer Growler, Chris Morehead discusses what a love contract is for employers in the craft beer industry. Not only does he explain what a love contract is, but also what are the key ingredients necessary in a love contract.
In the article, "Preparing for New Pay Equity Requirements," featured in Risk Management, Kathleen McLeod Caminiti and Sarah Wieselthier discuss the the revamped Employer Information Report, known as the EEO-1.
In this article, “Ross Guberman's: The Role of Personality” featured in the Appellate Issues, Wendy McGuire Coats gives a 3 page overview of Guberman’s recent literature.
- Freelancing in the Age of Unicorns: Understanding the Role of the Gig Economy in the Modern Workforce1.31.17
In the article, “Freelancing in the Age of Unicorns: Understanding the Role of the Gig Economy in the Modern Workforce,” featured in HR Professionals Magazine, Attorney Rob Ratton discusses the challenges of the gig economy in a labor and employment legal structure designed to support a pre-internet workforce.
In the article, "Guest Blog: Managing Employee Absenteeism During Flu Season," featured in Columbus CEO, Curtis Moore discusses the employment challenges that come with flu season.
In the article, "Legislature Active on Workplace Issues," featured in Sacramento Business Journal, Attorney Benjamin Ebbink discusses the new proposals that are being introduced by California Legislature on the Labor and employment front in 2017.
In the article, "Sick and tired: Managing employee absenteeism during flu season," featured in Crain’s Cleveland Business, Attorney Melissa Dials discusses the challenges employers are facing as they try to manage sickness in the workplace, particularly when it comes to employee absenteeism and avoiding the spread of influenza-like illness.