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California Responds to Increased Federal Immigration Enforcement Actions

On October 5, 2017, California Governor Jerry Brown signed AB 450. With the passage of this bill, California becomes the first state in the nation to enact a law prohibiting employers from providing voluntary assistance to immigration enforcement agents during workplace investigations. Earlier this year, U.S. immigration authorities conducted a series of high-profile raids of … Continue Reading

AB 1897: California’s New Labor Contracting and Client Liability Law

California Governor Jerry Brown recently signed AB 1897 thereby creating new liability for businesses that engage in labor contracting.  Current California law prohibits employers from entering into labor or services contracts with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the employer knows or should know that the agreement does not … Continue Reading

Washington State Marijuana Legalization Law Need Not Affect Employer Drug Testing Policies

There are many sound reasons why employers have zero tolerance policies and engage in drug testing of applicants and/or employees, including customer requirements, government contracting requirements (e.g.,the federal Drug Free Workplace Act), federal or state laws (including DOT requirements for transportation workers), workplace safety, productivity, health and absenteeism, and liability.  Some Washington state employers may … Continue Reading

9th Circuit Orders Damages, but Not Reinstatement for Unauthorized Alien Workers

What’s an employer to do when it is ordered to reinstate former employees, but those employees are not legally authorized to work in the United States?  Pay liquidated damages instead, according to the Ninth Circuit’s recent decision in NLRB v. C&C Roofing Supply Inc.  In C&C, the National Labor Relations Board (NLRB) alleged that the employer unlawfully … Continue Reading
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