Author: Samantha Yurman, JD

On September 14, 2018, the National Labor Relations Board (NLRB) announced in the Federal Register a proposed rule to return its joint-employer standard to its 1984 standard — a standard that stood until 2017. It’s returning to the days of Footloose dancing, Sixteen Candles high school sweethearts, Karate Kid champions, and the principle that a…

On July 30, 2018, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking to eliminate the requirement to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report). The proposed rule applies only to establishments with 250 or more…

Public-Sector Employees No Longer Required to Subsidize a Union They Don’t Join On June 27, 2018, the Supreme Court of the United States (SCOTUS) closed out its term with a decision altering a 40-year precedent (Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977)) and overturning more than 20 state’s laws. In Janus,…

No Action Needed by Employers In the beginning of June 2018, the Internal Revenue Service (IRS) released a draft 2019 Form W-4 along with draft Instructions. When opening the drafts, the IRS clearly details on the introductory pages that the draft form and instructions are not for use but rather for informational purposes only and…

On June 4, 2018, the Supreme Court of the United States (SCOTUS) ruled in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in favor of the religious rights of a Colorado baker. The baker, Jack Phillips, refused to make a wedding cake for a same-sex couple’s wedding celebration because of his religious opposition to same-sex…

On May 21, 2018, the Supreme Court of the United States (SCOTUS) held, in a case of epic proportion to the employment litigation world, that employers may enforce class action waivers in arbitration agreements rather than being obligated to allow employees to unite in a class action suit. According to the court in  Epic Systems…

On April 30, 2018, the California Supreme Court filed its decision in Dynamex Operations West, Inc. v. Superior Court and held that businesses must apply the “ABC test” to prove that a worker is an independent contractor, instead of an employee, under California Industrial Welfare Commission (IWC) wage order claims. Under the ABC test, a…

On April 9, 2018, in Rizo v. Yovino, the Ninth Circuit Court of Appeals held that under the federal Equal Pay Act an employer cannot justify a wage differential between male and female employees by relying on prior salary. The EPA prohibits sex-based wage discrimination between men and women, in the same establishment, who perform jobs that require substantially…

Q: One of our employees was assaulted and injured by another coworker in our workplace. Is this compensable under California workers’ compensation? A: If the employee was injured at work, it is likely that the claim is compensable based on the facts of the situation leading up to the assault. An employee who is assaulted…

In its March 15, 2018, decision, the U.S. Court of Appeals for the Fifth Circuit overturned the U.S. Department of Labor’s (DOL) Fiduciary Rule that expanded the definition of an investment advice fiduciary under the federal Employee Retirement Income Security Act (ERISA). Under the Fiduciary Rule, investment brokers were going to be required to put…