Important Takeaways From The Massachusetts Commission Against Discrimination’s Fiscal Year 2022 Annual Report
12/16/22
By: R. Victoria Fuller and Sean Andrés Rapela
Fiscal Year 2022 (“FY22”) marked the Massachusetts Commission Against Discrimination’s (“MCAD” or “Commission”) 75th year in existence. Like many government agencies, the MCAD faced a multitude of challenges as a result …
An Employer’s Primer on the Speak Out Act
12/12/22
By: Tia J. Combs
On December 7, 2022, President Biden signed the Speak Out Act (S. 4524; Public Law No. 117-224). As the law is effective immediately, employers must act quickly to understand how the new law may impact their …
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
California Further Expands Leave Rights for Employees Caring for Loved Ones
10/27/22
By: Mandy Hexom
On September 29, 2022, California’s Governor signed into law Assembly Bill 1041 amending the law requiring employers with 5 or more employees to grant up to 12 weeks of medical leave for family care and medical leave. …
“Quiet Quitting” and the Great Resignation: How Should Employers Respond?
10/24/22
By: Megan Gable and R. Victoria Fuller
Recently, “quiet quitting” has taken over social media and the news as employees across the country openly declare a change in attitude, perception, boundaries, and work ethic. Quiet quitting has no single definition, …
California Court of Appeals Holds No Employer Liability for Hollywood Producer Whose Assistant Drowned at Social Event
10/11/22
By: Parisa Saleki
In Musgrove v. Silver, the California Court of Appeals held that famed Hollywood producer Joe Silver was not liable for the drowning death of his assistant, Carmel Musgrove.
In 2015, Silver attended actress Jennifer Aniston’s wedding …
With Greater Pay Transparency Reporting on the Way, California Employers Are Advised to Be Ready or Face Stiff Penalties
10/10/22
By: Justin Ruedaflores
Although not the first of its kind, California Senate Bill 1162 (SB 1162) expands California’s already progressive pay and data reporting laws by requiring certain employers to provide more transparency on pay scales and expanding pay data …
I Now Pronounce You Joint Employers: The NLRB’s New Rule Would Expand Definition of Joint Employer
10/3/22
By: Jacob McClendon
On September 6, 2022, the National Labor Relations Board proposed a new rule that would expand the definition of “joint employer” under the National Labor Relations Act. The new rule proposes a much broader definition that would …
California just enacted new law to increase the wages and standards for fast-food employees — and Opponents are already trying to stop it in its tracks
9/14/22
By: Katherine A. Mastrobuoni
On Labor Day, California’s Governor, Gavin Newsom, signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“the Act” or “FAST Recovery Act”) into law. The FAST Recovery Act aims to protect and give California …
Employee or Independent Contractor? The Connecticut Supreme Court Weighs In
9/8/22
By: Janice D. Lai
On August 16, 2022, the Connecticut Supreme Court addressed what may constitute an enterprise’s “usual course of business” under Part B of the three-part statutory ABC Test, Conn. Gen. Stat. §31-222, for whether an individual is …
Walmart Pregnancy Accommodation ruling puts pressure on Congress to act on The Pregnant Workers Fairness Act
8/30/22
By: Erin Lamb
A Seventh Circuit decision upholding the exclusion of pregnant workers from a Walmart distribution center’s temporary light duty policy is putting the spotlight on the Senate to pass The Pregnant Workers Fairness Act (“PWFA”). The PWFA is …
From Viking River Cruises v. Moriana to Adolph v. Uber Technologies, Inc.: The Arbitrability Of PAGA Actions In California Continues To Shift
8/29/22
BY: Daniel Parker Jett
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …