News

NEW EMPLOYMENT LAWS FOR 2022

NEW EMPLOYMENT LAWS FOR 2022 It is a new year, with new employment laws.  Here’s a synopsis: No More Confidentiality Provisions In Settlement Agreements California law previously prohibited the use of confidentiality provisions in settlement agreements involving claims of sexual assault, sexual harassment, and sex discrimination.  Now, the legislature broadened...

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Employers Must Pay Employees for Deminimus Startup Time

Employers Must Pay Employees for Deminimus Startup Time Booting up work computers takes time.  The call center representative employees (CCRs) at Nelnet Diversified Solutions LLC (“Nelnet”) had to clock in after their computers were up and running and software was launched, but they were not being paid for that time....

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OSHA’s COVID-19 Vaccine-Testing Mandate Back in Effect

OSHA’s COVID-19 Vaccine-Testing Mandate Back in Effect On December 17, the Sixth Circuit Court of Appeals lifted the nationwide stay on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) that had been imposed by the Fifth Circuit, requiring the ETS’s employer vaccination and testing requirements for COVID-19...

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Another First Amendment Ruling in Employment Law

Another First Amendment Ruling in Employment Law The case is American Society of Journalists and Authors Inc. v. Bonta, 9th Cir., No. 20-55734 (Oct. 6, 2021), petition for rehearing en banc denied (Nov. 23, 2021).  California's "ABC test" for classifying workers as employees or independent contractors, does not violate the...

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Employers Beware Productivity Quotas and Monitoring Can Cause New Claims

Employers Beware Productivity Quotas and Monitoring Can Cause New Claims Employers who have quotas for employees, run warehouses or distribution centers, or otherwise monitor productivity of employees:  new law AB 701 applies to you.[1]  Starting on January 1st, employers are prohibited from using quotas or productivity monitoring to interfere with...

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UPDATE: Religious Exemptions from COVID-19 Vaccinations

UPDATE:  Religious Exemptions from COVID-19 Vaccinations On October 25, 2021, the EEOC released an update[1] religious exemptions from COVID-19 vaccination.  The EEOC notes that requests for accommodation should be handled on a case-by-case basis.  And in deciding how to proceed, the employer and employee should consider that:     •Even...

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TIP SHARING – FINAL RULE FROM DEPT OF LABOR

TIP SHARING - FINAL RULE FROM DEPT OF LABOR The U.S. Department of Labor (“DOL”), at the federal level, enforces employee rights and has the ability to fine employers who do not abide by employment laws.  The fines stack up and can be large.  The DOL interprets laws, like those...

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