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In January 2021, the Ninth Circuit upheld a 2018 ruling by the Federal Motor Carrier Safety Administration (“FMCSA”), which found that federal law preempts California state meal and rest break laws as applied to drivers of property-carrying commercial motor vehicles.  A few months later, the United States Supreme Court denied a petition challenging the Ninth Circuit’s decision.  We previously wrote about the Ninth Circuit’s ruling, and the Supreme Court’s denial, in a post that you can read here.

Continue Reading Ninth Circuit Confirms FMCSA Preemption of California’s Meal and Rest Break Laws Applies Retroactively
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On December 16, 2022, a National Labor Relations Board (Board) majority (Members Kaplan and Ring) issued a Decision and Order holding that an employer’s conduct did not warrant setting aside a union election where the employer failed to strictly adhere to regulations requiring employers to provide unions a voter list comprised of employee names and contact information (commonly known as an Excelsior list).

Continue Reading Common Sense Wins the Day (sort of) in Board Ruling Concerning Substantial Regulatory Compliance
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The New Year usually means new laws for California employers.  This year, a new privacy law goes into effect with new mandates for employers to ensure that workers have more control over the collection and use of their personal information.

Come January 1, 2023, companies that employ California residents need to make sure they have taken the required steps to comply with the California Privacy Rights Act (“CPRA”), which amends the landmark California Consumer Privacy Act (“CCPA”) by expanding its protections to employees, job applicants, and independent contractors.

Continue Reading New Year Brings New Privacy Laws to California Employers
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HuntonAK Labor and Employment partner Emily Burkhardt Vicente was recognized as a 2022 Diversity & Inclusion Visionary in The Los Angeles Times’ Diversity, Equity, Inclusion & Accessibility magazine.

Continue Reading Emily Burkhardt Vicente Recognized as 2022 DEIA Visionary
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On December 7, 2022, President Joe Biden signed the Speak Out Act (the “Act”), which limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The bipartisan Act was previously passed by the Senate and the House of Representatives by an overwhelming majority.

Continue Reading Speak Out Act Restricts Use of Non-Disclosure and Non-Disparagement Provisions
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A Virginia federal court last week dismissed a plaintiff’s hostile work environment claims because the plaintiff failed to check the “continuing action” box or specifically mention “harassment” or “hostile work environment” in her EEOC charge.

Continue Reading Failure to Check Box on EEOC Charge Proves Fatal to Harassment Claims
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California COVID-19 safety rules are here to stay.

The California Occupational Safety and Health Standards Board voted on December 15 to enact a new COVID-19 prevention regulation that imposes a number of familiar workplace safety requirements on California employers.  The regulations will become effective in mid-January 2023 after a 30-day review period and remain in effect for at least two years. 

Continue Reading New Regulation Extends CalOSHA COVID Enforcement into 2025 and Beyond
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In a recent ruling, the U.S. District Court for the Northern District of Illinois determined that a bartender’s evidence – affidavits from herself and her supervisor – were insufficient to obtain conditional certification on her Fair Labor Standards Act (“FLSA”) claim. Plaintiff Alexa Roberts brought suit against One Off Hospitality Group and several of its restaurants and management personnel (“Defendants”) alleging that she was deprived of wages and overtime compensation in violation of the FLSA, the Illinois Minimum Wage Law (“IMWL”), and the Illinois Wage Payment and Collection Act (“IWPCA”). Plaintiff alleged that she was required to clock in and out at the times of her scheduled shift even if she worked in excess of those times so that Defendants would not have to pay overtime. She further alleged that Defendants were aware that other employees were also working off the clock.

Continue Reading Illinois District Court Rules that Plaintiff’s Affidavits are Insufficient to Certify FLSA Class
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On December 7, 2022, New York City Council Member Tiffany Cabán along with three other co-sponsors introduced a proposed bill that would prohibit all employers from terminating employees without (1) “just cause” or (2) a bona fide economic reason.  The bill would amend current law which protects “fast food” employees from being terminated without just cause.

Continue Reading New York City Bill Could Fundamentally Change Employer-Employee Relationship for NYC Employers
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Dozens of business groups submitted comments on December 7 to oppose the National Labor Relations Board’s proposed joint employer rule, arguing it would interfere with business-to-business contracting and needlessly entangle companies in collective bargaining negotiations related to employees they do not control.

Continue Reading Business Groups Oppose NLRB’s Proposed Far-Reaching Joint Employer Rule