On Jan. 14, 2021, the California Supreme Court issued its long-awaited ruling on whether the “ABC test” articulated in its 2018 Dynamex Operations West Inc. v. Superior Court of Los
Continue Reading CA Supreme Court Confirms Dynamex Applies Retroactively
Following up on its proposed rule issued in September 2020, on Jan. 6, 2021, the Department of Labor (DOL) issued its final rule on worker classification. The final rule, effective
Continue Reading Department of Labor Issues Final Rule for Identifying Independent Contractors in an Employer’s Workforce
On Dec. 17, 2020, the New York City Council voted to approve Int. No. 1415-A and Int. No. 1396-A, which will prohibit fast food employers from terminating or cutting
Continue Reading NYC Council Approves Legislation Redefining Key Aspects of Fast Food Employer-Employee Relationship
As the dust settles on the tumultuous journey of the final 2020 COVID-19 relief package, it is now clear that as employers with fewer than 500 employees move into 2021,
Continue Reading FFCRA Leaves Sunset, But Employer Obligations and Considerations Continue
The Coronavirus Disease 2019 (COVID-19) stimulus package signed into law by President Trump on Dec. 27 contains significant enhancements to the employee retention tax credit enacted under the CARES Act.
Continue Reading Employee Retention Tax Credit Enhanced and Extended by COVID-19 Stimulus Package
A federal court granted a nationwide preliminary injunction prohibiting the federal government from implementing or enforcing Executive Order 13950 (“EO 13950”) on free speech and due process grounds. Government contractors
Continue Reading UPDATE: The Federal Government Cannot Implement or Enforce Executive Order 13950 Against Government Contractors or Grant Recipients
Since well before FDA approval of the first COVID-19 vaccine, many employers have contemplated whether eventual employee vaccination should be a voluntary or mandatory condition of returning to, or remaining
Continue Reading Mandatory or Voluntary Employee Vaccinations: EEOC Weighs In
Colorado Gov. Jared Polis called a special legislative session to assist small businesses and individuals impacted by the Coronavirus Disease 2019 (COVID-19) pandemic. Colorado legislators met Nov. 30-Dec. 2, 2020,
Continue Reading Colorado Special Legislative Session Passes 10 Bills Aimed at Providing COVID-19 Relief
Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent
Continue Reading California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions
New York State recently enacted a paid sick and safe leave law under which employees may start taking paid leave as of Jan. 1, 2021. New York City has had,
Continue Reading Paid Sick and Safe Leave For New York City Employers