Beginning January 1, 2020, California law (known as AB 51) makes it a criminal misdemeanor for employers to require arbitration as a condition of employment. The law specifically prohibits mandatory arbitration of claims under the California Fair Employment and Housing Act (such as for discrimination, harassment, and retaliation) and claims
Will Forum Shopping in FLSA Collective Actions Be Limited Soon?
By Moses Tincher on
Posted in Employment Laws, Labor
Now that Black Friday has passed and Christmas lights are up, the winter holiday shopping season is in full swing. And while you may have survived or even avoided the perils of shopping for the best deals in frenzied environments, there is another type of shopping that lurks for employers:…
Your Company Has Been Selected for an Audit. Now What?
By Yane McKenzie on
Posted in Immigration
The number of I-9 audits is on the rise, but for many employers this is still unfamiliar territory. In this post, we will explore what happens next after Immigration & Customs Enforcement (ICE) has selected your company for an audit.
The Immigration Reform and Control Act requires employers to verify…
Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime
By Lee Tankle & Jonathan Gilman on
Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know?
A: On November 20, 2019, the Pennsylvania Supreme Court rejected the application of the fluctuating workweek method (“FWW Method”) of calculating overtime under the Pennsylvania Minimum Wage Act…
Getting Ready for 2020 – Employment and Privacy Law Seminars
By Mark Payne, Kristalyn Lee & Sadia Mirza on
Posted in California, Employment Laws
Troutman Sanders will host an Employment and Privacy Law Seminar December 11th in our San Diego office and December 12th in our Orange County office. Both seminars will run from 8:00 – 10:00 a.m. and breakfast will be provided. Mark Payne, Chris Gelpi, Kristalyn Lee, and…
New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers
By Leigh McMonigle on
Posted in Drug Tests, Uncategorized
Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment?
A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting Pennsylvania’s medical marijuana law with regard to employment. This is why a recently filed Pennsylvania lawsuit could have…
Anxiety and the ADA
By Rogers Stevens on
Q: An employee in my company has requested intermittent leave as an accommodation for what he claims is a debilitating “anxiety,” but he has no job performance issues and seems fine to me. Are we required to provide a reasonable accommodation under the ADA for anxiety?
A: The question of…
Deadline Looms for Employers to Provide CCPA Notices
Q. What are my company’s obligations under the California Consumer Privacy Act?
A. The California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent contractors, or receive job applications from California residents must…
Immigration Updates: The Administration’s Enforcement Measures Continue at a Steady Pace, Best to be Prepared
By Yane McKenzie on
Posted in Immigration
The Trump administration’s tough stance on enforcing employer compliance continues. Last year, there were a number of highly publicized raids, including the following:
- Immigration and Customs Enforcement (ICE) arrested 364 individuals during 30-day enforcement visits in the following midwestern states: Illinois (134), Indiana (52), Kansas (43), Kentucky (60), Missouri (42),
…
Ninth Circuit Finds Franchisors Not Joint Employers of Employees of Franchisees Absent Direct Control Over Wages, Hours and Working Conditions
By Jonathan Gilman on
Q. As a franchisor, could I potentially be held liable for the wage and hour violations committed by franchisees of my organization against their employees?
A. On October 1, 2019, a three-judge panel of the Ninth Circuit Court of Appeals ruled that McDonald’s Corporation was not liable as a joint…