E-Update | Paul, Plevin, Sullivan & Connaughton LLP

April 8, 2020 California Court of Appeals Sheds Light on Unlimited Vacation Policies

On April 1, 2020, the California Court of Appeal issued a published decision in McPherson v. EF Intercultural Foundation, Inc., addressing for the first time whether an employer’s unlimited vacation policy, which is sometimes called an “honor syst...

April 7, 2020 The Families First Coronavirus Response Act: Summary Of The New Law, Implementing Regulations & Interpretive Guidance To Date

The Families First Coronavirus Response Act (“FFCRA”) took effect on April 1, 2020. Since the FFCRA was signed into law on March 18, 2020, the Department of Labor (“DOL”) has issued several rounds of guidance, a temporary rule and a final rule int...

April 3, 2020 IRS Issues Q&A Guidance of FFCRA Tax Credits

As we previously reported, the Families First Coronavirus Response Act (the "FFCRA"), which went into effect on April 1, 2020, provides employers with fewer than 500 employees refundable tax credits that reimburse them, dollar-for-dollar, for the ...

March 31, 2020 NLRB Rule Further Overhauls Union Election Procedures

On Tuesday March 31, 2020, the National Labor Relations Board (“NLRB”) published the first in a series of proposed revisions to its union election procedures. The final rule will be published in the Federal Register on April 1, 2020, and addresses...

March 29, 2020 Department Of Labor Issues Additional Guidance On The Families First Coronavirus Response Act

On March ‌22, 2020, we issued an E-Update summarizing the basic requirements of the Families First Coronavirus Response Act (“FFCRA”) and noting that many questions about how it would be interpreted were unanswered. Our March‌ 28, 2020 E-Update su...

March 28, 2020 Department Of Labor Provides Guidance On Emergency Coronavirus Legislation

In our E-Update issued on March 22, 2020, we summarized key provisions of the Families First Coronavirus Response Act (“FFCRA”), which provides for Paid Sick Leave and expanded family and medical leave, which we will refer to as Paid Family Leave,...

March 22, 2020 Emergency Coronavirus Legislation – Key Questions And Answers

On Wednesday, President Trump signed into law emergency legislation requiring employers with fewer than 500 employees to provide paid sick leave and paid family leave benefits to millions of U.S. workers impacted by the COVID-19 pandemic. Many que...

March 18, 2020 California Employers Get Relief From Strict WARN Act Obligations

Yesterday, California employers were provided with some much needed clarification regarding their obligations to provide WARN notices to employees being furloughed or laid off due to the impact of the COVID-19 (coronavirus) pandemic. In an emergen...

March 2, 2020 What Should Employers Do Regarding the Coronavirus, COVID-19?

As the COVID-19 virus continues to create national and international unease, employers are increasingly asking what they should be doing, and what is/is not permitted, to protect their employees. This E-Update is intended to provide some proactive...

Feb. 14, 2020 California Supreme Court Rules Employees Must Be Paid for Time Spent in Post-Shift Bag Checks

Yesterday, in a unanimous opinion, the California Supreme Court held that the time employees spend on an employer’s premises waiting for and undergoing required exit searches of their bags and other personal items that they bring to work purely fo...

Jan. 31, 2020 Court Issues Preliminary Injunction Prohibiting Enforcement of AB 51, California’s Anti-Arbitration Law

Today a federal court issued a preliminary injunction prohibiting the state of California from enforcing Assembly Bill 51, the state’s new anti-arbitration law. Earlier, on December 30, 2019, the court issued a temporary restraining order prohibit...

Dec. 30, 2019 Federal Court Issues Temporary Restraining Order Prohibiting Enforcement of California’s Anti-Arbitration Law

Today a federal court issued a temporary restraining order prohibiting the state of California from enforcing Assembly Bill 51, the state’s new anti-arbitration law, at least until another hearing scheduled for January 10, 2020. The new law was s...

Dec. 27, 2019 Reminder: Employer Obligations for CCPA Compliance Begin January 1, 2020

Although the California Consumer Privacy Act’s (CCPA) most onerous requirements for employers will not go into effect until next year, two requirements will take effect on January 1, 2020.

Dec. 19, 2019 The NLRB Issues a New Batch of Pro-Employer Rulings

The Trump administration’s National Labor Relations Board has, over the past two years, overturned or scaled back multiple “Obama Board” positions. This week, the Board issued another series of significant decisions and rulings strengthening emplo...

Dec. 11, 2019 U.S. and California Chambers of Commerce File Lawsuit Challenging AB 51

On October 10, 2019, Governor Gavin Newsom signed AB 51, which effectively prohibits employers from requiring employees to enter arbitration agreements as a condition of employment. AB 51 goes into effect on January 1, 2020. On December 9, 2019, ...

Oct. 18, 2019 California Governor Gavin Newsom Signs Series of Noteworthy Employment Bills

Sunday, October 13, 2019, was the last day for Governor Gavin Newsom to approve or veto bills passed by the state Legislature. This year’s approved employment-related bills generated quite a buzz, and for good reason. This e-Update surveys some of...

Sept. 25, 2019 U.S. Department of Labor Announces Final Rule on Federal Overtime Exemptions

Yesterday, the U.S. Department of Labor announced a final rule changing the regulations governing the so-called “white collar” overtime exemptions for executive, administrative, and professional employees under the federal wage and hour law, the F...

Sept. 13, 2019 Gig No More? California Senate Passes AB 5, Sharply Curtailing the Use of Gig Workers

On September 10, 2019, California Assembly Bill 5, the gig worker bill opposed by the likes of Uber, Lyft and DoorDash, was passed in the California State Senate along party lines. AB 5, previously approved by the Assembly, would require that most...

Sept. 12, 2019 California Supreme Court Rules Unpaid Wages Cannot Be Recovered Under PAGA Law

Today the California Supreme Court ruled that employees cannot recover unpaid wages in actions brought under the California Labor Code Private Attorneys General Act (PAGA). As a result of today’s decision, unpaid wages can only be recovered in ac...

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