On February 25, 2019, the Supreme Court vacated a 9th Circuit Opinion filed on April 9, 2018 in Yovino v. Rizo. The 9th Circuit Opinion rested on Judge Stephen Reinhardt’s vote as the author of the majority opinion to establish… Read More
The National Labor Relations Act (“NLRA”) protects the rights of both employees and employers and encourages collective bargaining. However, the NLRA does not apply to “independent contractors.” In 2014, the National Labor Relations Board (“NLRB”) issued a Decision and Order… Read More
The United States is currently experiencing the longest government shutdown in U.S. History. One of the several effects of this shutdown is the inability to access E-Verify accounts. E-Verify is a system allowing employers to confirm the eligibility of their… Read More
The 8th Circuit ruled on December 7, 2018 in Hustvet v. Allina Health System, that an employee who was terminated for failing to receive a vaccination for Rubella was not discriminated or retaliated against under the Americans with Disabilities Act,… Read More
The Department of Labor’s (DOL) Wage and Hour Division has extended the nationwide program called the Payroll Audit Independent Determination (PAID) by six months. Under this program, employers may self-report overtime and minimum wage violations which would subject them to… Read More
In the recent Ninth Circuit decision in O’Connor v. Uber, the Ninth Circuit reversed an order of the district court denying Uber’s Motion to Compel Arbitration. Rather than address the issue of whether Uber Drivers were employees or independent contractors,… Read More
On September 12, 2018, the Consumer Financial Protection Bureau released a new model of the disclosure document, “A Summary of Your Rights Under the Fair Credit Reporting Act.” Under the Fair Credit Reporting Act, employers must provide this disclosure to… Read More
Following is a short guide to the schedule of increases now mandated due to Proposition 206. As of 2018 the minimum wage pay is $10.50; in 2019 it will go up to $11.00; and 2020 it will go up to… Read More
Employers have for years have been advised that sexual orientation is not covered or protected under Title VII of the Civil Rights Act of 1964. However in 2015, the EEOC took the position that the phrase "because of...sex" included sexual orientation. On… Read More
Basketball, football, and baseball seasons come and go, but one spectator sport that is always in play is politics. It used to be that in polite society, no one spoke about religion or politics. This is no longer the case.… Read More