Monthly Archives: August 2024

Applies to: All Employers Effective: June 13, 2024 Quick Look Section 10(j) injunctive relief under the NLRA requires a requesting party to establish that (1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tip in their

Applies to: All Employers with Foreign Labor Effective: July 1, 2024 Quick Look The Foreign Labor Certification Data Center (FLC) website is discontinued. Replacing the FLC Data Center is the Foreign Labor Application Gateway (FLAG). DISCUSSION Effective July 1, 2024, the Foreign Labor Certification Data Center (FLC) website is discontinued. Employers previously used the FLC

Applies to: All Employers Effective: September 30, 2024 Quick Look The National Labor Relations Board (NLRB) issued its “Fair Choice-Employee Voice” Final Rule impacting union representation procedures for blocking charges, the voluntary recognition bar, and the construction industry’s collective bargaining relationships. DISCUSSION The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final

Applies to: All Employers with Employees in AK, AZ, CA, HI, ID, MT, NV. OR, WA, Guam, and Northern Mariana Islands Effective: July 10, 2024 Quick Look The de minimis rule remains enforceable in the context of overtime wages under the Fair Labor Standards Act (FLSA). DISCUSSION In Cadena v. Customer Connexx LLC, the Ninth

Applies to: All Employers with Employees in CA Effective: July 1, 2024 Quick Look AB 2288 and SB 92 bring significant reforms to PAGA to give employers the opportunity to reduce potential penalties and cure alleged violations. DISCUSSION AB 2288 and SB 92 bring significant reforms to the California Private Attorneys General Act (PAGA). PAGA

Applies to: All Employers with Employees in CA Effective: July 23, 2024 Quick Look Cal/OSHA’s Indoor Heat Illness Prevention rule requires employers to implement a written prevention plan. Employers must implement heat prevention measures beginning at indoor temperatures of 82°F and must train employees on heat illness prevention. DISCUSSION Cal/OSHA’s Heat Illness Prevention in Indoor Places

Applies to: All Employers with Employees in CA Effective: July 29, 2024 Quick Look A one-time use of the “N-word” may be sufficient to constitute a claim of harassment. Preventing an employee from pursuing their harassment claim may qualify as retaliation. DISCUSSION In Bailey v. San Francisco District Attorney’s Office, the California Supreme Court said

Applies to: All Employers with Employees in CO Effective: As Indicated Quick Look New Colorado statutes and amendments add protections for delivery network company drivers, add new protected classifications, amend the state’s distracted driving law, and lower the threshold for qualifying as a small employer for health benefits purposes. DISCUSSION The 2024 Colorado legislative session

Applies to: Employers with Tipped Employees in Chicago, IL Effective: July 1, 2024 Quick Look Effective July 1, 2024, Chicago takes its first step towards phasing out the subminimum wage tip credit which is set to eliminate entirely by July 1, 2028. DISCUSSION On October 6, 2023, the Chicago City Council voted to eliminate the

Applies to: All Employers with Employees in LA Effective: August 1, 2024 Quick Look Commissions, incentive pay, and bonuses are a part of final wages due if they were earned at the time of separation and were not modified due to a written policy which addressed such payments. DISCUSSION Effective August 1, 2024, HB 352