In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court determined that the phrases “regular rate of compensation” and “regular rate of pay” are synonymous for the purposes of California Labor Code section 226.7(c) and the California Industrial Wage Orders. With this seemingly innocuous ruling, however, the Supreme Court has handed a potentially
Updates
Oregon OSHA Signals Removal of Face Covering and Social Distancing Requirements
By John Dudrey & Laura Rosenbaum on
Many Oregon employers and employees have been eagerly awaiting the day when we can return to mask-free social interactions and in-person work. On June 25, 2021, Governor Brown issued an Executive Order stating that effective June 30, 2021, Oregon is lifting its mask mandates, capacity limits, and social distancing guidelines. Oregon employers are also bound…
Headline: EEOC Releases Updated COVID-19 Vaccine Guidance
By John Dudrey, Melissa Healy & Karen O'Connor on
Just before we headed off for the holiday weekend, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated guidance related to the COVID-19 vaccine. The guidance largely tracks earlier guidance and practices that many employers had already adopted. Here are the highlights:
- The EEOC explicitly confirmed that federal anti-discrimination laws “do not prevent an employer
CDC Issues New Mask and Social Distancing Guidance for Fully Vaccinated Individuals
By John Dudrey & Adam Belzberg on
Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing. The CDC’s guidance is available here. Although it is certainly good news, the CDC’s guidance comes with several cautionary notes:
- An individual is only
DOL Announces Plans To Rescind FLSA Joint Employment Rule, Withdraw FLSA Independent Contractor Rule
By John Dudrey, Chris Wall, Adam Belzberg & Ryan Kunkel on
Late last week, the U.S. Department of Labor (“DOL”) announced that it plans to rescind the Trump DOL rule that tightened the standards by which two or more companies could be deemed a joint employer for purposes of the Fair Labor Standards Act (“FLSA”). The same day, the DOL announced its plans to withdraw the…
U.S. House of Representatives Passes Union “Wish List” Bill
By Melissa Healy & John Dudrey on
Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector labor relations: the National Labor Relations Act (“NLRA”), the Labor Management Relations Act, and the Labor-Management Reporting and Disclosure Act of 1959. …
DOL Delays Roll-Out of New Independent Contractor Rule
By John Dudrey, Chris Wall, Ryan Kunkel & Adam Belzberg on
Posted in Department of Labor, Updates
Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days. Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted in the final weeks of its administration from March 1, 2021 until at least April…
Utah Employers’ Ability to Use Non-Competes May Be Substantially Limited
By Matt Durham on
The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah. Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation from the Utah House Business and Labor Interim Committee. The bill adds to restrictions the Utah State Legislature enacted in 2016, which…
Temporary Workers in California After Sullivan, Ward, and Oman
By Bryan Hawkins on
The California Supreme Court’s 2011 decision in Sullivan v. Oracle Corp. (“Sullivan”) and its more recent decisions in Ward v. United Airlines (“Ward”) and Oman v. Delta Air Lines, Inc. (“Oman”) provided employers with a certain amount of clarity in regard to non-California residents working within the State on…
Oregon OSHA Proposes Final, Permanent COVID-19 Safety Rules for Oregon Employers
By John Dudrey & Karen O'Connor on
As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic. (More information about the rules is available here, here and here). These temporary rules remain in effect until May 4, 2021.