February is a great time for employers with New York operations to check on their progress regarding New Year’s resolutions for revising policies, training supervisors and implementing other changes to ensure compliance with recent developments in the law. The changes in employment laws during 2019 provide strong incentives for employers to update their practices. Following are 13 employment law developments that New York employers should make a part of their 2020 “resolutions” and employment practices.

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Effective January 1, 2020, organ donors in California are entitled to an additional 30 business days of unpaid leave.  AB 1223 extends the maximum leave time available to employees who participate in an organ donation program.  This law applies to private employers with 15 or more employees.

Continue Reading Giving Your Heart Away in the Golden State : California Extends Leave Time for Organ Donors

On Thursday, the California Supreme Court ruled that employees must be paid for time spent undergoing security checks before leaving work.

Continue Reading California Supreme Court Holds Time Spent On Bag Checks Is Compensable

The Universal Paid Leave Amendment Act of 2016 (the “Act”), which implements the District of Columbia’s new Paid Family Leave (“PFL”) program, kicks-in for employees on July 1, 2020.  However, employers must post a PFL notice in the workplace no later than February 1, 2020.

Continue Reading D.C. Employers Risk Fines for Failing to Comply with Paid Family Leave Notice Requirements

Last month, a court in the N.D. of California denied class certification to a group of Chipotle workers who alleged that the burrito chain maintained unlawful English-only workplaces in the state of California.  Guzman v. Chipotle Mexican Grill, Inc., Case No. 17-cv-02606 (N.D. Cal. Jan. 15, 2020).  The opinion is a textbook example of how a lack of uniform written policies can, in some instances, benefit employers defending pattern and practice lawsuits.  Separately, the case also provides occasion to review the EEOC’s stance on English-Only policies.

Plaintiffs’ Claims Continue Reading Lost in Translation: Court Denies Class Certification to Chipotle Workers Alleging Unlawful English-Only Policy

In Country Wide Financial Corporation, 369 NLRB No. 12 (2020) (Countrywide), the National Labor Relations Board (“Board”) ruled that an mandatory arbitration agreement violated the National Labor Relations Act (the “Act”) because it restricted an employees’ ability to file and pursue unfair labor practice charges before the Board.

Continue Reading The NLRB Rules Mandatory Arbitration Agreement As Overbroad

The Third Circuit Court of Appeals ruled Thursday that the City of Philadelphia may enforce its law prohibiting employers from asking applicants about their salary history.

The decision, which overturned a preliminary injunction issued in the district court, upheld the constitutionality of the Philadelphia law under the First Amendment.  The Court held that the law infringed on the free speech rights of employers, but it did not violate the First Amendment because it was narrowly tailored to address a substantial government interest.

Continue Reading Third Circuit: Philadelphia Salary History Inquiry Ban is Constitutional

Although the World Health Organization (“WHO”) has declared the coronavirus outbreak a “public health emergency of international concern,” WHO has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.  The following are a few of the key considerations for employers when planning for or responding to an outbreak.

Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan

Congratulations to Los Angeles Labor & Employment partner Roland Juarez, who has been named one of Los Angeles Business Journal’s Top Minority Attorneys.  According to the LABJ, the recognition is awarded to attorneys who are “…particularly impactful and…maintain the highest professional and ethical standards.” Roland previously was recognized by the Los Angeles Business Journal as a Top Litigator & Trial Lawyer in 2019.

In his practice, Roland handles high-stakes employment cases with an innovative approach. His experience includes class actions, non-compete, non-solicitation and employee raiding cases, discrimination, harassment, disability, wage and hour, PAGA and Title III website accessibility cases. He recently secured a win via summary judgment in a potentially precedent-setting case under the Immigration & Nationality Act, and has won back to back employment arbitrations in the last year.

Read Top Minority Attorneys in Los Angeles, Los Angeles Business Journal, January 27, 2020.