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Archive by tag: Smoak & StewartReturn

How Much Will AB 5 Really Change California Law?

The answer is not as much as you may think. Much of the recent media coverage of California’s Assembly Bill 5 (AB 5) suggests that the bill represents a sea change in California law with respect to the classification of independent contractors. Not...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - September 2019 #2

They’re Baaaack. Congress is back in session this week, and my commute once again came to a grinding halt. With roughly three months of scheduled work in D.C. before the end of the year, members in both the U.S. House of Representatives and U.S....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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California Sexual Harassment Prevention Training Deadline Extended One Year

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill (SB) 778 into law, thereby giving employers more time to comply with the state’s sexual harassment training requirement. In September 2018, former governor Jerry Brown signed SB...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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The ABC Test May Soon Be Law in California: What Employers Need to Know

On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The new three-factor test,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Illinois Can See Clearly Now: State Legislates Workplace Transparency

Our June  2019 article “discussed four new bills targeting equity, transparency, and discrimination, including the Workplace Transparency Act (WTA), which was awaiting the signature of Governor J.B. Pritzker. As expected, Governor Pritzker signed...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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NLRB Restores Order to the “Dynamic Status Quo”

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent newspaper employees. The...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Canada Implements Significant Reforms to Basic Federal Employment Standards

Canadian employers subject to federal regulation will want to take note of changes to the Canada Labour Code that came into force on September 1, 2019. These reforms apply to a large number of minimum employment standards with vacation, breaks,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Michigan Legislature Considers Package of Bills Addressing Wage Theft, Independent Contractors, and Noncompetes

On August 29, 2019, legislators from the Michigan House of Representatives announced an ambitious package of 12 bills aimed at creating new criminal and civil penalties to combat employers that fail to properly pay wages and overtime pay. The...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - September 2019

Scalia Officially Nominated. Although the Buzz mentioned the nomination of Eugene Scalia to be secretary of labor seven weeks ago, the management-side attorney wasn’t officially nominated until August 27, 2019. Will this delay push back Scalia’s...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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ICE Begins STEM OPT Worksite Inspections

There have been an increasing number of reports that Immigration and Customs Enforcement (ICE) has begun conducting workplace site visits for F-1 students employed pursuant to optional practical training (OPT) in the science, technology, engineering,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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