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On February 25, 2021, the U.S. District Court for the Central
District of California denied a motion for preliminary injunction
brought by the California Grocers Association (CGA) against the
City of Long Beach. In
California Grocers Association v. City of Long
Beach, CGA asked the court to stop the city from enforcing
its Premium Pay for Grocery Workers Ordinance, one
of the many hero pay or hazard pay
ordinances enacted by California localities in the past several
weeks.
Long Beach passed its ordinance on January 19, 2021. The
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As predicted in a previous Holland & Knight Transportation
Blog post (see Another Shift on Joint Employment and Independent
Contractors, Jan. 12, 2021), the Biden
Administration s rollback of the business-friendly independent
contractor rule announced in the waning days of the Trump
Administration is underway.
On Jan. 7, 2021, the U.S. Department of Labor (DOL) published a
new rule for determining whether workers are employees under the
Fair Labor Standards Act (FLSA). The new rule, which was slated to
become effective on March 8, 2021, focuses on the economic
realities of the work arrangement and, in particular, whether
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While significant ink was spilled last summer evaluating whether
Congress would pass the HEROES Act – House Democrats
$3 trillion COVID-19 relief bill, the federal government was
ultimately unable to implement an aid package that included, among
other provisions, mandated “hazard pay” for essential
workers. In response, several local and municipal
governments have taken up the call and have recently implemented
laws to require additional wage premiums for employees in the
grocery and pharmacy industries. Unsurprisingly, these
local initiatives have gained significant traction in
California.
On January 22, the City of Long Beach implemented the Hero Pay for Front-Line Grocery Workers
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In a world where layoffs and terminations are a possibility for
any business, it is essential that employers understand some of the
critical mistakes they could make when providing severance payments
to employees.
Here are some of the biggest ones we have seen and how to
conquer them:
Not having a written agreement with a release
- Yes, there have been instances where an employer provides a
severance payment and never required a written release in exchange.
Remember, a severance payment, generally speaking, is not due or
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The US District Court for the Northern District of California
this month compelled arbitration of two former workers
counterclaims seeking to invalidate their employment contracts.
Cisco Sys., Inc., et al. v. Chung, et
al., No. 19-CV-07562-PJH, 2021 WL 427293 (N.D. Cal. Feb.
8, 2021). Cisco had sued the two ex-employees for misappropriating
trade secrets in violation of their Proprietary Information and
Inventions Agreements (PIIAs). The employees countersued, alleging
the PIIAs were invalid under California law. Both PIIAs provided
for arbitration of claims under the agreements, except for certain