Offering History for Blank Rome LLP. Please note that once you make your selection, it will apply to all future visits to NASDAQ.com.
AndJust last year, the California Supreme Court in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903 (“ Dynamex”) abruptly replaced the longstanding test in California for determining whether a worker is an independent contractor (versus an employee) with a more stringent “ABC” test for purposes of the California Industrial Welfare Commission (“IWC”) Wage Orders.Under the “ABC” test, a worker is presumed to be an employee unless the hiring entity can prove that the worker is (A) free from control; (B) providing services unrelated to the hiring entity’s business; and (C) holding him or herself out as an independent business. More on the landmark decision in Dynamex can be found.Last week, California Governor Newsom signed into law Assembly Bill (“AB”) 5, which codifies and expands the “ABC” test set forth in Dynamex, making it even more difficult for employers to properly classify workers as independent contractors in California.What are the basic provisions of AB 5? AndWhile talking heads focused on the debates heating up in Houston last week, the California Supreme Court on Thursday put an end to a nearly five-year debate regarding the permissible scope of recovery and arbitrability under California’s Private Attorneys General Act (“PAGA”), a statute that has left employers in the Golden State scratching their heads for over a decade.On September 12, 2019, California’s highest court held that “underpaid wages” are not recoverable under PAGA. The decision, ZB, N.A. Superior Court (“Lawson”), marks big changes in the wild-west of PAGA litigation, yet many key questions remain unanswered.You May Ask Yourself, Well, How Did I Get Here?Ahh, PAGA.
Where to begin? For the last 15 years, PAGA has allowed private citizens to step into the shoes of the Labor Commissioner, essentially turning “aggrieved” employees into bounty-hunters for the State’s Labor and Workforce Development Agency (“LWDA”). Specifically, PAGA litigants are authorized to recover civil penalties on behalf of the State for certain Labor Code violations, which would otherwise be recoverable only by the Labor Commissioner.
![Blank rome llp nyc Blank rome llp nyc](http://www.globenewswire.com/news-release/2019/06/11/1867052/0/en/photos/803150/0/803150.jpg?lastModified=06%2F11%2F2019%2010%3A39%3A49&size=2)
If successful, employees receive a 25 percent share of civil penalties recovered, with the remaining 75 percent going to the LWDA. And one other thing, PAGA allows for the recovery of attorneys’ fees and costs, which are often exponentially larger than the underlying civil penalties and statutory damages recovered—leaving no surprise as to why PAGA has become such a popular vehicle for plaintiffs’ attorneys. , andA new amendment to the New York State Human Rights Law expressly prohibits workplace discrimination based on religious attire, clothing, and facial hair. New York employers should review their current policies and work with counsel to ensure compliance by the October 8, 2019, effective date.Governor Cuomo recently signed legislation (S.4037/A.4204) that amends the New York State Human Rights Law to expand religious protections for employees and applicants in the workplace. The New York State Human Rights Law already prohibits employers from imposing upon employees and applicants “a condition of obtaining or retaining employment” that would require them “to violate or forego a sincerely held practice of their religion.” N.Y.
Law § 296(10)(a). The new law ensures that those same protections now encompass an employee’s or applicant’s religious attire, clothing, and facial hair. Effective January 1, 2020, private employers in New Jersey are prohibited from asking job applicants about their salary, wage, and benefit history and are not permitted to make hiring decisions based on that information. If you’re an employer in Maryland, beginning October 1, 2019, you are prohibited from requiring a low wage worker (defined as someone earning less than $15/hour or less than $31,200/year) to sign a non-compete agreement with your company.
![Blank Rome Llp Blank Rome Llp](/uploads/1/2/5/5/125581525/544778838.jpg)
Maryland’s law follows a national trend in which a number of other states have either passed or are considering similar legislation. Among those states that have already passed legislation preventing employers from enforcing non-compete agreements with lower paid employees are Illinois, Maine, and New Hampshire.As a cautionary note, Maryland’s new law does not grandfather existing non-compete agreements with employees whose earnings bring them within the purview of the new law, which means that those agreements will become unenforceable after the law takes effect. AndNew York is on the precipice of passing a law that would allow employees to easily file liens against an employer’s property in connection with pending wage disputes. The bill also would permit employee access to certain sensitive employer records and expand the scope of personal liability for owners in disputes over wages. Employers should monitor these developments and work with counsel to prepare an action plan should this bill become law.The New York State Legislature has recently passed a bill that could substantially alter the legal landscape of wage disputes if signed into law by Governor Cuomo. The proposed Employee Wage Lien bill would allow employees to obtain liens against an employer’s real property and personal property based on allegations involving nonpayment of wages.
If signed into law, the bill will become effective within 30 days. Similar laws have been enacted on other states.The law will allow employees to file a notice of a lien up to three years following the end of the employment giving rise to the wage claim. Employees will be able to place liens up to the total amount allegedly owed based on claims relating to overtime compensation, minimum wage, spread of hours pay, call-in pay, uniform maintenance, unlawful wage deductions, improper meal or tip credits or withheld gratuities, unpaid compensation due under an employment contract, or a claim that the employer violated an existing wage order. In addition, the State Attorney General and Department of Labor will be able to obtain a lien on behalf of an individual employee—or a class of employees—against an employer that is the subject of an investigation, court proceeding, or agency action.Please click for the full client alert.
Blank Rome LLP is one of the oldest and most established law firms in the country. From Wilmington, Detroit to Houston, Texas, Blank Rome LLP has strategically located offices around the nation to take care of all your legal needs. The firm also has offices overseas, in Hong Kong and Shanghai which cater to the rapidly growing number of businesses in the region.The nationally and regionally certified attorneys at Blank Rome LLP bring to the table years of experience in litigation, appellate, and other legal services in industries such as Aviation, Chemical, Consumer Finance, Emerging Companies, Funds and Investment Management, Gaming, Life Sciences, Private Equity, Real Estate and Venture Capital. The firm offers services in Antitrust Counseling, Business Restructuring & Bankruptcy, Corporate Governance, and Employment, Benefits & Labor matters.
Legal services are also offered in the Energy and Environmental sectors, Equipment Leasing & Finance, Financial Services and related areas, Government Contracts, Healthcare, Intellectual Property, Maritime, and Matrimonial Law as well as Mergers & Acquisitions, Product Liability, and Shale Oil & Gas Development. Clients can also obtain legal counsel in matters related to Real Estate, Taxation, Trusts & Estates, and White Collar Defense. Blank Rome LLP also specializes in International Trade and International Litigation, Defense, and Arbitration. The firm’s Asia based offices serve business in a variety of industries, including Agriculture, Biotechnology, Energy, Entertainment, Manufacturing, Natural Resources, and Transportation.The firm’s diverse practice areas, combined with a highly experienced team of attorneys has led to Blank Rome LLP receiving a number of awards, including recognition as “Banking & Finance Law Firm of the Year”, “Top Law Firm in Corporate Governance Issues”, and for most trademark filings in 2011.
No matter what part of the country – or the world – you are in, you can be certain Blank Rome LLP is always with you.Firm Locations.