The California Department of Industrial Relations recently released its FAQs regarding the new fast food minimum wage law, AB 1228, which took effect on April 1, 2024.  The legislation sets an industry-wide minimum wage for employees in fast food establishments at $20.00 per hour and applies to employees at fast food restaurants that are part of a chain with 60 or more nationwide locations, offer limited or no table service, and are engaged in selling food and beverages for immediate consumption.  Significantly, franchises, regardless of their ownership structure, must comply if they ..read more

On April 12, 2024, the U.S. Supreme Court, in a unanimous decision, held that transportation workers need not work in the transportation industry to be exempt from coverage under section 1 of the Federal Arbitration Act (“FAA”).  Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al., No. 23-51.  (See here.)  The Court found the determining factor to be the nature of the employee’s work for the company, not what the company does generally.   Petitioners Neal Bissonnette and Tyler Wojnarowski owned the rights to distribute Respondent Flowers Foods, Inc.’s baked goods ..read more

The U.S. Department of Labor’s announcement of the final rule concerning Occupational Safety and Health Administration (“OSHA”) inspections has employers ringing alarm bells.  Set to take effect on May 31, 2024, the rule amends 29 C.F.R. § 1903.8(c) and makes significant changes to who is eligible to accompany OSHA Compliance Safety and Health Officers (“CSHO”) during workplace inspections, which are commonly referred to as “walkarounds.” What Has Changed? Before the amendment, OSHA’s rule restricted an employee’s authorized third-party representative during inspections to an employee of ..read more

The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure  “individuals with criminal records have fair and equitable access to opportunities for gainful employment.”  By September 3, 2024, employers in the unincorporated areas of Los Angeles County with five or more employees must comply with the Ordinance. At the end of 2023, the State codified regulations implementing California’s Fair Chance Act (Cal. Code. Regs. tit. 2, §§ 11071, 11071.1), which similarly governs an e ..read more

Several key changes to UK employment rights  will come into effect in April 2024. By way of brief summary, the key changes for employers to be aware of, and those that will require immediate attention to ensure legally compliant and up-to-date HR policies and practices in the UK, include the following: Changes to the flexible working regime and family friendly changes On 6 April 2024, a number of changes to the flexible working regime and other family friendly rights will come into effect, including: Flexible working to be made a “day one” right and a shorter period for employers to resp ..read more

In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held that the district court was correct to send the individual plaintiff’s Private Attorneys General Act (“PAGA”) claims to arbitration, but reversed the dismissal of the representative PAGA claims, holding they must remain in court.  Although whether PAGA representative claims should remain in court after the plaintiff has been compelled to arbitrate his or her individual claims remains unsettled under the Federal Arbitrat ..read more

Seven years after the UK Supreme Court decided that the payment of fees to bring Employment Tribunal claims was unlawful and should be abolished, the Government has published a consultation paper to reintroduce fees in the Employment Tribunals (“ET”) and Employment Appeal Tribunal (“EAT”). The old fees regime was first introduced in 2013, and categorised ET claims into “Type A” or “Type B” claims.  Type A claims had an issue fee of £160 and a hearing fee of £230, totalling £390 in fees.  Type B claims, which covered more complex disputes such as whistleblowing and discrimination ..read more

Although non-competition agreements are under ongoing attack at the federal and state levels (including being banned in California, Minnesota, North Dakota, and Oklahoma, among others), New York State is not yet ready to join that movement.  Late last month, New York Governor Kathy Hochul vetoed Senate Bill S3100A, which was passed in June 2023 by the NYS Assembly and the Senate and would have prohibited all non-compete agreements.  In vetoing the bill, Governor Hochul expressed concern about the impact that the legislation would have on the interest of the many businesses operating ..read more

The 2023 SAG-AFTRA strike, spanning 118 days, marked a significant period of negotiation and conflict and highlighted the importance of the evolving digital entertainment landscape and the use of new technologies in work settings.  On December 5, 2023, members of the Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”) ratified a multiyear deal with the Alliance of Motion Picture and Television Producers, approving the three-year TV/Theatrical Agreement valued at approximately $1 billion and putting an end to the conflict that started in July 2023.  T ..read more

With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024.  This past year brought several new laws with it that require employers’ attention, including new leave laws, new protected classes, new workplace safety laws, further non-compete prohibitions, minimum wage changes, and several more.  We “unwrap” and summarize those “presents” below. SB 616 – Expanded Paid Sick Leave:  Under SB 616, the annual amount of paid si ..read more