Blair C. Senesi and Jaime B. Laurent examine the City of Los Angeles’ “Model Contract” under the Freelance Worker Protections Ordinance (FWPO) and explain what it means for employers.

SHRM

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With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications.¹ Closing out his first year in office, Governor Gavin Newsom signed more than 40 such bills on a wide variety of topics, ranging from antidiscrimination and workplace safety measures to the much-debated worker classification bill (AB 5) codifying the ABC test from last year’s Dynamex case.

In January 2022, the New York State Senate introduced a bill that seeks to impose significant human rights and environmental due diligence and disclosure obligations on fashion retail sellers and manufacturers operating in the state of New York.  As we reported previously, 2021 saw a number of international and regional legislative efforts to impose human rights due diligence and disclosure obligations on multinational employers.

Zev Eigen and Marko Mrkonich explore the benefits and potential risks of using data analytics to augment HR decision-making processes.

SHRM Online

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The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018.  The Overview answers many questions that employers have been asking about this wide-ranging new law.  The Overview also confirms the importance of an employer self-evaluation, offering some direction on what types of evaluations are appropriate, and explaining how it could protect a company from liability under the law.

The New Equal Pay Act

Seventh annual survey of more than 1,100 employers reveals how companies are responding to rapid social and political changes

Littler attorneys comment on the results of Littler's Annual Employer Survey and analyze the impact that sweeping regulatory changes and other factors, including the #MeToo movement, have on employers.

General Counsel News

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Aaron Crews and Marko Mrkonich co-authored this article that breaks down big data and explains how it can be used in the workplace.

TLNT

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Philip Gordon suggests steps that employers should take in response to the privacy act.

SHRM Online

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UPDATE: This article was updated on August 15, 2018.

In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior article. 

New Poster for NYC Employers:

As we have previously reported,¹ New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. The state training legislation went into effect on October 9, 2018, and the city training legislation went into effect on April 1, 2019.

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.

Jim Paretti weighs in on the NLRB’s latest effort to broaden the joint employer rule.

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In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that reasonably and in good faith believed it was providing a complete and accurate wage statement has a viable defense to a claim for penalties under the California wage statement statute.

Background

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law, Admin. Code § 8-101, et seq. (NYCHRL).

Alexander MacDonald says overtime exemptions are about to get more expensive as the salary necessary to qualify for the FLSA’s “white collar” exemptions will rise in July and again in January 2025.

The Federalist Society

Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.

Amber Spataro and David Ostern examine New Jersey’s new Assembly Bill 4682, which establishes various employment protections for specific "service employees" during changes of ownership.

SHRM Online

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Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists).

New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work. These regulations arose in response to research that found that mothers returning from maternity leave still faced discrimination in the workplace after returning from leave.

As a result of subcontracting reform, Jorge Sales Boyoli explains that some companies want to distribute profits under conservative criteria and plan to compensate by distributing an additional bonus. 

El Diario Mexico

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Jeanine Conley Daves discusses the fact that women still, in the year 2022, are rarely compensated on par with their male counterparts and suggests solutions for workplace parity.

Philadelphia Business Journal

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Jorge Sales Boyoli talks about the outsourcing law came into force last year, who will receive profits and the new challenges that have come with it. 

El Heraldo de México

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Eli Freedberg explains that there are lots of gray areas for employers in a New York City law that requires them to post pay ranges in their job ads.

Bloomberg Law

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Sarah Bryan Fask explains the future of multi-employer pension reforms.

Bloomberg Law

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Shannon Meade examines the key labor and employment regulatory actions included in the Biden administration’s long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.

SHRM Online

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In honor and celebration of Asian American and Pacific Islander Heritage Month, Littler attorneys William Ng (Long Island), Hinna Upal (Rochester) and Gregory Iskander (Walnut Creek) discuss how their journeys to leadership were built on promoting collaboration, finding community and creating opportunities for other diverse attorneys.
 

Employers are under the microscope from internal and external stakeholders to weigh in on myriad social issues and current events. To publish, or not to publish in each instance? That is the question. In this brief “podcast-ette,” Alyesha Asghar Dotson highlights the self-assessment that an employer ought to engage in before pressing that publish or print button.
 

In continued celebration of AAPI Heritage Month, Littler's Jennifer Maguire, Sarah Sorensen, and Daniel Kim discuss how their individual experiences in the U.S. Military – as a JAG officer, a military spouse, and an officer – shaped them as leaders, ultimately leading to careers in labor and employment law.
  

As May comes to a close, we end our celebration of Asian American Pacific Islander Heritage Month with the second of two podcasts that feature the personal stories of some of our ‘Ohana group attorneys. Littler attorney Brandon Mita has an inspiring conversation with fellow Littler attorneys Nicole LeFave, James Lee, and Urvi Morolia about leading through community service, non-profits and pro bono organizations that make a difference in their communities.
  

In continued celebration of Asian American, Native Hawaiian and Pacific Islander Heritage Month, Littler shareholder Alyesha Asghar speaks with associates Alan Persaud and Grace Waddell about their experience in the Leadership Council on Legal Diversity’s Pathfinders Program and the inclusive community of legal professionals they joined by participating.
  

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for freelance workers in Los Angeles.

Ensure Compliance with California Labor Code Section 2775 et seq.

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new fair work week thresholds, and updated required labor notices. The compliance deadline for these obligations is July 1, 2024.

UPDATE: On August 21, 2024, the Attorney General and State of Michigan asked the Michigan Supreme Court to clarify – no later than September 15, 2024 – various rulings in its July 31, 2024 decision, e.g.: 1) How the state should calculate CPI adjustments for the preset minimum wage rates in 2025 through 2028; 2) Whether, aside from in 2025, future minimum wage rates will take effect on February 21 or January 1; and 3) Whether the court intended to have the minimum cash wage increase from 80% (2028) to 100% (2029) rather than 80% (2028), 90%

After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024

Bradford Kelley discusses the importance of employers reviewing their leave of absence policies to ensure compliance with the Uniformed Services Employment and Reemployment Rights Act.

Law360 

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Jeanine Conley Daves hosts a conversation between Tom Bender and Shin-I Lowe. They discuss the importance of mentorship, what a successful mentorship relationship looks like, and how male mentor influences are equally important to women.
  

(March 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce new leadership for its ‘Ohana and Reunión affinity groups. Additionally, the firm’s Diversity & Inclusion (D&I) Council added six new members.

(March 23, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that several of its attorneys have been selected for the 2021 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs and the National Employment Law Council (NELC) Academy.

Kimberly Doud of Littler’s Orlando office, Chelsea Lewis of Littler's Miami office, and Kameron Miller of Littler's Charleston office present episode one of the Allied Behavior podcast series. Allied Behavior is focused on cultivating conscious conversations about inclusion, equity, diversity, and allyship in a corporate environment. In this episode, Kimberly, Chelsea, and Kameron discuss the importance of effective allyship and provide suggestions to turn allyship into meaningful action in the workplace.
  

In celebration of Pride Month, Whitney Williams (L.A. – Century City) and Michael Hui (San Francisco) discuss their personal experiences growing up gay in the Black and Asian American communities, what their similar upbringings have taught them about being an attorney, and how the Littler Pride affinity group is an important part of their lives at the firm.
  

In Schachter v. Citigroup, Inc.,¹ the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.

The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") mandates, for publicly traded companies, shareholder advisory votes on compensation packages provided to top executives and on "golden parachute" packages payable in connection with corporate transactions.

Update 2: On March 12, 2021, in Mikelsteins v.

The Home Office has updated its guide on right to work (work authorization) checks for employers in the UK.

Changes coming into effect this month include a less flexible approach to late applications to the EU Settlement Scheme (EUSS) for Europeans and their families and a hike in penalties for illegal working.

Right to work changes for EEA citizens