BakerHostetler’s Post

NEW Legal Briefing! Patrick Pullano, Esq. presents updates on the rules and regulations for joint-employers. Watch today's video briefing to learn more!

Key takeaways: ~The NLRB’s new joint employment rule will not take effect today as scheduled. ~The 2020 joint employer rule remains in effect for NLRA disputes. ~This decision does not affect joint employment tests and claims under other statutes, such as the Fair Labor Standards Act. https://ow.ly/GZjO50QR5qh

Stay in the loop with the latest legal updates - without the jargon! Read the August edition of the FSB Legal Bulletin: https://lnkd.in/efXWsY5Y #SmallBusinessBigIdeas

Key takeaways: ~The NLRB’s new joint employment rule will not take effect today as scheduled. ~The 2020 joint employer rule remains in effect for NLRA disputes. ~This decision does not affect joint employment tests and claims under other statutes, such as the Fair Labor Standards Act. https://ow.ly/GZjO50QR5qh

With less than two months remaining until the March 11 effective date, the U.S. Department of Labor's independent contractor final rule is facing legal challenges. The rule, which is intended to protect vulnerable workers, revises the department's interpretation of the Fair Labor Standards Act's classification provision. The rule institutes a "totality-of-the-circumstances" framework for analyzing independent contractor status based upon six non exhaustive factors. Groups including the Economic Policy Institute have previously estimated that a switch from employee status to independent contractor status may cost workers thousands of dollars in potential earnings. Source: https://lnkd.in/eZg3C4hY

This recent #SCOTUS notes the ongoing role of courts in the #arbitration process. How does this impact your #arbitration program? Check out these proactive steps to protect your program. #disputeresolution

Find out five of the most prominent legal risks coming from common business practices from #TeamSPB below!

Find out five of the most prominent legal risks coming from common business practices from #TeamSPB below!

Find out five of the most prominent legal risks coming from common business practices from #TeamSPB below!

Good news for California employers! Governor Gavin Newsom has signed legislation bringing much-needed reforms to the Private Attorneys General Act (PAGA). The new law makes several changes to the existing PAGA structure, including: REDUCES AND STREAMLINES LITIGATION - Expands which Labor Code sections can be cured to reduce the need for litigation. - Protects small employers by providing a more robust right to cure process through the Labor and Workforce Development Agency (LWDA) to reduce litigation and costs. - Codifies that a court may limit the evidence and the scope of claims presented at trial to ensure cases can be managed effectively. IMPROVES MEASURES FOR INJUNCTIVE RELIEF AND STANDING - Requires the employee to personally experience the alleged violations brought in a claim. - Allows courts to provide injunctive relief to compel businesses to implement changes in the workplace to remedy labor law violations. REFORMS THE PENALTY STRUCTURE - Encourages compliance with labor laws by capping penalties on employers who quickly take steps to fix policies and practices, and make workers whole, after receiving a PAGA notice, as well as on employers that act responsibly to take steps proactively to comply with the Labor Code before even receiving a PAGA notice. - Ensures that more of the penalty money goes to employees by increasing the amount allocated to employees from 25% to 35%. - Creates new, higher penalties on employers who act maliciously, fraudulently or oppressively in violating labor laws. While the new law is unlikely to curb all PAGA litigation, it will hopefully benefit both employers and employees. Now is a great time for employers to audit their pay practices, review their arbitration agreements, ensure that their wage and hour policies are up to date, and train managers and supervisors on wage and hour compliance. Got questions? Feel free to reach out!