Labor & Employment Workforce Watch

October 2019

A guide to the employment law developments most likely to impact your business.

To read the Locke Lord Labor & Employment Workforce Watch, click here.

In This Issue:

AB5: A Major Shift in CA Worker Classification
On September 18, 2019, California Governor Gavin Newsom signed into law the controversial Assembly Bill 5 (AB5), which codified the California Supreme Court’s Dynamex decision issued in April 2018. read more

Worker Misclassification Is Not a Per Se NLRA Violation
In Velox Express, Inc., 368 NLRB No. 61 (2019), the National Labor Relations Board ruled that misclassifying an employee as an independent contractor, standing alone, does not constitute a violation of the National Labor Relations Act. read more

Arbitration Agreements May Violate the NLRA Absent Carve-outs
In Prime Healthcare Paradise Valley LLC, 368 NLRB No. 10 (2019), the National Labor Relations Board ruled that an arbitration ‎agreement that did not explicitly limit an employee’s ability to file charges with the Board nonetheless violated the National ‎Labor Relations Act (the NLRA). read more

NLRB Approves Mandatory Arbitration Agreement Rollout During Pending Litigation
Last May, in Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018), the United States Supreme Court held that employee agreements waiving workers’ rights to class and collective actions, and requiring individualized arbitration to resolve employment disputes, did not violate the National Labor Relations Act. read more

Many State and Municipalities Now “Ban the Box”
Over the last several years, the “ban the box” movement has gained an impressive amount of momentum and support from lawmakers and activists across the nation. With an aim to provide job applicants a chance to obtain employment without the stigma of a conviction or arrest, “ban the box” laws require employers to consider an applicant’s qualifications before inquiring into or considering their criminal record. read more

CA Proposes Changes to CFRA, NPLA and Regulations
On September 6, 2019, the California Fair Employment and Housing Council of the Department of Fair Employment and Housing proposed amendments to regulations regarding criminal history, the California Family Rights Act (CFRA), and the New Parent Leave Act (NPLA). read more 

IL Passes Workplace Transparency Act
The Illinois Workplace Transparency Act (the Act), which passed the Illinois legislature in May and is effective January 1, 2020, amends the Illinois Human Rights Act in numerous ways with the goal of strengthening employee protections against workplace harassment. read more

Workplace Impact of Recreational Marijuana in IL
In the recently-passed Cannabis Regulation and Tax Act, Illinois legalized recreational marijuana effective January 1, 2020. read more

IL Bans Salary History Inquiries
Following in the footsteps of numerous other states and localities, the Illinois legislature has amended the Illinois Equal Pay Act, effective September 29, 2019, to prohibit employers from inquiring about the wage or salary history of applicants for employment. read more