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New York City Amends Human Rights Law to Extend Protections to Freelancers and Independent Contractors

In recent years both New York State and New York City have actively amended their anti-discrimination laws to expand worker protections.  For example, both the state and city have passed laws requiring most employers to distribute anti-sexual...By: Littler
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Littler | Sep 16,2019 |

Third Circuit Opinion Involving Uber Only Adds More Questions to the Dispute Over the Scope of the FAA Section 1 Residual Clause

Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods, but will those limitations extend to the transportation of passengers?...By: BakerHostetler
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BakerHostetler | Sep 16,2019 |

NLRB Adopts Employer-Friendly "Contract Coverage" Standard for Determining Whether Unilateral Changes Violate the NLRA

On September 10, 2019, the National Labor Relations Board issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the collective bargaining...By: Bond Schoeneck & King PLLC
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Bond Schoeneck & King PLLC | Sep 16,2019 |

Alert: California Senate Passes AB 5, Codifying Dynamex Decision

On September 10, by a vote of 29–11, the California Senate passed legislation known as AB 5 – a law codifying the "ABC test" from the landmark Dynamex v. Superior Court case, 4. Cal. 5th 903 (2018), to determine whether a service provider is an...By: Cooley LLP
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Cooley LLP | Sep 16,2019 |

Hold Your Horses: California Extends Deadline For Mandatory Sexual Harassment Training

In 2018, California passed a law that greatly expanded sexual harassment training requirements for employers (see here). Under the law, employers of as few as five people must provide two hours of interactive sexual harassment training to their...By: Mitchell Silberberg & Knupp LLP
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California Worker Misclassification Bill Closer To Enactment

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular business. Assembly Bill 5...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

Top Five Labor Law Developments For August 2019

1.The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019). Velox engaged...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

California Supreme Court Rejects Claim For Unpaid Wages Under PAGA

Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such claims. ZB, N.A., et al. v....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

NLRB Holds Misclassifying Of Employees Is Not A Violation

Misclassification of employees as independent contractors "does not violate the [National Labor Relations] Act,” the NLRB held last month. The decision is precedential as no other Board case has specifically dealt with whether this type of employer...By: Fox Rothschild LLP
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Fox Rothschild LLP | Sep 16,2019 |

The California Supreme Court Clarifies Wages Are NOT Part Of The “Civil Penalty” Under Labor Code Section 558 In A PAGA Action

On September 12, 2019, the California Supreme Court issued it decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”). In analyzing whether the Plaintiff’s lawsuit could be compelled to binding...By: Weintraub Tobin
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Weintraub Tobin | Sep 16,2019 |
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