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U.S. Supreme Court Puts the Brakes on Mandatory Arbitration, Holds Transportation Workers Exempt from the Federal Arbitration Act

The United States Supreme Court recently handed workers a rare victory in New Prime Inc. v. Oliveira. The Supreme Court ruled that transportation workers engaged in interstate commerce—including those labeled as independent contractors—are exempt from the Federal Arbitration Act (FAA) and thus cannot be compelled to undergo mandatory arbitration.  As a result of this decision, employers in the transportation industry will have to review their existing arbitration policies and assess whether or not they comply with applicable local, state, and federal laws. More ›

District Court Judge Stops HHS Regulations Regarding Contraception Mandate

When Congressional drafters wrote the Affordable Care Act 10 years ago, they included a provision requiring group health plans to provide preventive care without cost sharing. Much of that coverage requirement was set forth in the Act itself with some specificity. It included immunizations, screenings, and other “evidence-based items or services” recommended by the United States Preventive Services Tax Force. The Act also provided for special rules for preventive care “with respect to women;” however, those rules were not specified in the Act and were to be determined by a government agency. After the law safely passed, the Health Resources and Services Administration, acting on the findings of the Institute of Medicine, decided that preventive care with respect to women must include coverage for contraceptive services without cost sharing. In the decade since that provision became law, plan sponsors have been dealing with nearly constant administrative and judicial pinball regarding this contentious topic. More ›

California Appeals Court Confirms Constitutionality of Piece-Rate Compensation Statute

In Nisei Farmers League vs. California Labor and Workforce Development Agency, California’s Fifth Appellate District confirmed the constitutional validity of Labor Code section 226.2, a recently enacted law providing that employees paid on a piece-rate basis must be paid at least minimum wage, and must be paid for rest and recovery periods and “other nonproductive time” separate from any piece-rate compensation. Under a piece-rate system, employees are not paid by the hour, but rather based on activities, task or units of production completed. For example, employees are paid by the number of widgets they produce. The goal of the statute was to make sure employers who pay under a piece-rate system also comply with all minimum wage law requirements that apply to hourly workers. More ›

New Illinois Employer Posting Requirements to Ring in the New Year

As Illinois employers get into the swing of 2019, do not forget Illinois has a new and additional posting requirement that came about as a result of amendments to the Illinois Human Rights Act in the Fall of 2018. That posting requirement obligates employers to post the notice found here with your other postings to employees and to include the substance of the content in your employee handbooks. It reminds employees of their right to be free from discrimination, sexual harassment, and retaliation, as well as their right to a reasonable accommodation for pregnancy and disabilities. More ›

New York City Adds Layer of Protection for Employee Decisions Concerning "Sexual and Reproductive Health"

The New York City Council signaled its commitment to expanding employee protection when it further amended the New York City Human Rights Law by adding “sexual and reproductive health decisions” to its list of protected classes from discrimination. Under the amended bill, employers with four or more employees are prohibited from discriminating against employment applicants or existing employees based on sexual and reproductive health decisions. The amendment is before Mayor DiBlassio for signature, which is expected. Once signed, it will take effect 120 days thereafter. More ›

Attention All Employers! Illinois Revises its Military Leave Laws

This summer, Illinois passed the Illinois Service Member Employment and Reemployment Rights Act (ISERRA). This law is effective January 1, 2019. The new ISERRA explicitly incorporates the federal Uniform Services Employment and Reemployment Rights Act (USERRA) for its basic protections, case law, and regulations. This post hopefully will serve as a USERRA refresher as well as a summary of the new ISERRA obligations. More ›

The 12 Days of California Labor & Employment Series – Day 12 "Expansion of Employer Liability under FEHA"

It is the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we have used the "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. Without further ado, on the twelfth day of Christmas, my Labor and Employment attorney gave to me—twelve lords a leaping and SB 1300. We saved SB 1300 for the end because it is chock full of important changes for employers. More ›

The 12 Days of California Labor & Employment Series – Day 11 "More #MeToo and More Lack of Confidentiality"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the eleventh day of Christmas, my Labor and Employment attorney gave to me—eleven ladies dancing and AB 3109. More ›

The 12 Days of California Labor & Employment Series – Day 10 "Expansion of Family Leave"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the tenth day of Christmas, my Labor and Employment attorney gave to me—ten pipers piping and SB 1123. More ›

The 12 Days of California Labor & Employment Series – Day 9 "Confidentiality No More When It Comes to Harassment Settlements"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the ninth day of Christmas, my Labor and Employment attorney gave to me—nine drummers drumming and SB 820. More ›

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