DOL Issues Guidance to Employers Regarding the Families First Coronavirus Response Act (FFCRA)

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The Department of Labor (DOL) has been working in overdrive since the enactment of the Families First Coronavirus Response Act (FFCRA) on March 18, 2020 to establish guidance for employees and employers regarding the Act. The DOL has published guidance for employers, available here. The guidance includes a set of questions and answers published today, […]

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Unions want in as an “Essential Businesses” TOO!

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As you can see from the letter from the UFW to agricultural employers available here that went out Statewide and through the legislature, the UFW wants to collectively bargain for the entire industry it has never been able to organize. On top of that, we now see the grocery workers through the UFCW have been […]

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U.S. CONSULAR OPERATIONS IN MEXICO TO HALT STARTING TOMORROW

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The State Department announced yesterday that the U.S. Embassy in Mexico City and all U.S. consulates in Mexico will suspend routine immigrant and nonimmigrant visa services starting March 18, 2020, until further notice. Applicants with appointments will receive cancellation notices by e-mail.  The State Department will continue to accept nonimmigrant visa applications on a very limited […]

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ALERT: LEGISLATIVE RESPONSE TO COVID-19

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As updates on COVID-19 Coronavirus continue to roll in almost hourly, here is where Congress stands on tackling the virus today. Last week, the House of Representatives passed H.R. 6201 “Families First Coronavirus Response Act” with bipartisan support. We are waiting for the Senate to vote on this Bill this week. Employers need to prepare […]

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Coronavirus (COVID-19) And The Workplace FAQ

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With the Coronavirus (aka COVID-19) making every news headline in the past several weeks employers are asking—what do I do as an employer? Here are some frequently asked questions we are seeing pop up: What can I do as an employer to reduce spread in my workforce? Encourage employees to practice good general illness avoidance—for […]

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Industry Alert: DOL Conducting NAWS Survey

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Workers Survey (“NAWS”). Workers have complained that the surveyors are asking questions regarding their immigration status. The NAWS is a survey of hired farmworkers through USDOL contractor JBS International. The survey is confidential. (See the NAWS brochure, available here.) The DOL says the participants in the survey are guaranteed confidentiality. The questionnaire is supposed to […]

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THE NLRB FINALLY SETTLES THE JOINT EMPLOYER QUESTION

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Today, the National Labor Relations Board (“NLRB”) released the long-awaited final version of a new rule on the legal test for determining whether two or more companies are joint employers for the purposes of collective bargaining and liability for violations of the National Labor Relations Act (NLRA).  The joint-employer rule has a complicated history dating […]

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One More Thing Before You Go: Bag Checks Are “On Clock” Per Cal Supreme Court

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Taking the opposite position of the United States Supreme Court evaluating federal law (read more here), the California Supreme Court has decided that time spent on the employer’s premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices brought to work purely for personal convenience by employees is compensable as […]

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THE POTENTIAL PITFALLS OF MANDATORY ARBITRATION AGREEMENTS IN CLASS ACTIONS

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On February 10, 2020, a U.S. District Court judge ordered an employer to individually arbitrate 5,010 claims of worker misclassification. For context, DoorDash provides a service where customers order food online, and couriers pick up the food and deliver it to the customers. DoorDash classifies its couriers as independent contractors and includes a mandatory arbitration […]

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ALERT: PUBLIC CHARGE AND CHANGES FOR H-2A PETITIONS

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After significant buzz over the past year, the U.S. Citizenship and Immigration Services (USCIS) office will implement the final rule on Public Charge Grounds of Inadmissibility starting February 24, 2020, nationwide except in the State of Illinois where USCIS has been enjoined (the legal term for stopped) by a federal district court. This latest round […]

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