Private Sector News
Ballot initiative that would “uberize” California healthcare workers, taking away rights and protections they enjoy as employees, is withdrawn
On January 24, 2022, the law firm behind Proposition 22 submitted a new ballot initiative to the California State Attorney General which aimed to uberize healthcare workers. As a reminder, Proposition 22 was the $200 million-plus initiative from 2020 funded by Uber Technologies Inc., DoorDash Inc., Lyft Inc. and Instacart to permit those companies to bypass California law so they could classify their drivers as independent contractors, instead of employees.
President Biden Signs Executive Order Requiring Project Labor Agreements on Federal Projects
On February 4, 2022, President Biden signed an Executive Order on the Use of Project Labor Agreements for Federal Construction Projects (“Executive Order”). The Executive Order requires the use of project labor agreements (“PLA”) on federal construction projects valued over $35 million.
California Supreme Court Clarifies Standard for Whistleblower Retaliation Claims
The California Supreme Court issued a unanimous decision on January 27, 2022, Lawson v. PPG Architectural Finishes, Inc., making it easier for an employee to successfully sue if they were terminated or otherwise retaliated against for making a whistleblowing claim.
Department of Labor Eliminates Form T-1 for Labor Organizations
As of January 31, 2022, labor organizations will no longer be required to submit the recently-created Form T-1 Trust Annual Report.
The Uncertain Fate of OSHA’s COVID-19 ETS—Supreme Court Oral Argument Today, January 7
The federal government’s Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing for large businesses and federal contractors is the subject of intense litigation.
Victory for Janitors as Appellate Court Enforces their Right to Retention of Employment
On April 14, 2015, Preferred Building Services, Inc. (“Preferred”) began providing janitorial services at a residential complex. Preferred was what is known as a “successor” janitorial contractor, taking over after the prior contractor, VPM Maintenance Management, LLC (“VPM”), terminated its janitorial contract.
Ferra v. Loews: Defining “Premium” Pay for Missed Meal and Rest Breaks
The California Supreme Court has issued another wage and hour decision that will help workers recover hard-earned wages wrongfully withheld by their employers. In Ferra v. Loews Hollywood Hotel, LLC, the Court confirmed that an employee’s “regular” rate of pay, which is used to calculate the penalty paid by employers who fail to provide meal, rest, or recovery periods, encompasses all nondiscretionary compensation that the employer would normally use to calculate an employee’s overtime pay.