Executive Order Seeks to Limit the Use of Foreign Workers on Federal Contracts
- On August 3, 2020, President Trump signed an Executive Order aimed at limiting the use of foreign workers on federal contracts and subcontracts. The issuance of the Executive Order comes on the heels of the Tennessee Valley Authority, a federally owned utility, announcing plans... ›
DOL Issues Newly Updated Guidance on Critical Issues for Employers Regarding the Families First Coronavirus Response Act
By: Jinny S. Hwang
On March 28, 2020, the United States Department of Labor (“DOL”) published additional guidance on nearly two dozen more “critical issues” that the DOL had not addressed in its previous guidance on the recently enacted Families First Coronavirus Response Act (“FFCRA”). Our March 26,... ›CARES Act – What Employers Should Know (Part II): Unemployment Insurance Benefits
As businesses and employers parse the 880-page Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which President Trump signed into law on March 27, 2020, we offer this analysis of the unemployment compensation provisions in the Act. This Employment Law Commentary is... ›Employment Law Trends to Watch in 2020
By: Eric Akira Tate, Andrew R. Turnbull and David F. Papas
Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new and proposed laws are seeking to make it easier to establish independent contractor misclassification... ›Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas, James R. Sigel and Matthew E. Ladew
A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary injunction and barred the Attorney General (AG) from enforcing Assembly Bill (AB) 51.... ›Temporary Reprieve for Employers During Challenge to AB 51, New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas and Matthew E. Ladew
A California federal court has given employers a New Year’s gift, issuing a temporary restraining order preventing Assembly Bill 51—the law barring employers from requiring employees to enter into agreements to arbitrate FEHA and California Labor Code claims—from going into effect. The order will... ›- - Legislation, PAGA
California Issues A New Round Of Employment Laws
By: Andrew R. Turnbull
California employers will be impacted by several new laws signed by Governor Newsom during this past legislative session. Employers should review their policies and procedures in light of these developments, most of which will be effective January 1, 2020. Minimum wages will also increase... › In a Long-Anticipated Move, the Trump Administration Revokes Executive Order 13495, Giving Service Contractors More Flexibility when Hiring Predecessor Contractor Employees
By: Andrew R. Turnbull
Andrew Turnbull, Employment + Labor Of Counsel, and Victoria Dalcourt Angle, Government Contracts Associate, co-wrote a blog post detailing the Trump Administration's decision to revoke Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts (“EO 13495”), removing the requirement for federal service contractors... ›As State Cannabis Approval Grows Higher, When Can You Fire?
By: Andrew R. Turnbull
For decades, many employers have categorically prohibited marijuana use given its illegal status under federal law. With a growing number of state and localities legalizing marijuana and creating protections for marijuana users, many employers have been left wondering whether they can continue to lawfully... ›- - Legislation, PAGA
PAGA: A Call To Arms
Whatever good intentions its proponents may claim, the Labor Code Private Attorneys General Act of 2004 (PAGA) created perverse incentives for plaintiff’s lawyers to file representative actions seeking civil penalties for violations of the California Labor Code on behalf of all “aggrieved employees” of... ›