Perkins Coie

Rare Employer Victory in CA Misclassification Case

Last week, a unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. The U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an independent contractor in good faith. Therefore, Walmart did not owe Hill waiting time penalties under California Labor Code Section 203 for failing to pay her immediately after photo shoots.

Ninth Circuit Applies Integrated Enterprise Doctrine to ADA Claims

As a matter of first impression, on April 7, 2022, a U.S. Court of Appeals for the Ninth Circuit panel held that two related employers may be treated as one integrated employer to meet the 15-employee headcount threshold under the Americans with Disabilities Act (ADA).

Florida Court Refuses to Dismiss COVID-19-Related WARN Case Based on Natural Disaster Exception

A judge for the U.S. District Court for the Middle District of Florida, on March 17, 2022, denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining Notification (WARN) Act. Jones v. Scribe Opco, Inc., No. 8:20-CV-2945-VMC-SPF, 2022 WL 813824, at *1 (M.D. Fla. Mar. 17, 2022).

FERC Greenlights PJM and New Jersey Offshore Wind Transmission Agreement

The Federal Energy Regulatory Commission (FERC), on April 14, 2022, accepted a “State Agreement Approach” Agreement (SAA Agreement) between PJM Interconnection, LLC (PJM) and the New Jersey Board of Public Utilities (NJ Board) effective April 15, 2022.

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al., asking the Board to overturn decades-old precedent and make several significant changes to employers' rights during unionization campaigns.

War in Ukraine Prompts Further Trade Sanctions by the United States

Russia's invasion into Ukraine in February 2022 has prompted the United States and its allies, including the United Kingdom, the European Union, and others, to issue substantial international trade restrictions such as economic sanctions and export controls.

The Ninth Circuit Addresses Website Design for Enforceable Terms of Service

Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance.

CROWN Act Passed by the House, Banning Race-Based Hair Discrimination

The U.S. House of Representatives passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act in a 235-189 vote.

SEC Proposes New Cybersecurity Disclosure Rules on Incident Reporting, Risk Management, Strategy, and Governance

Biden Administration Secures Supply Chains of Strategic and Critical Minerals for Clean Energy Economy

On March 31, President Biden invoked the Defense Production Act to secure reliable supply chains for minerals essential to a clean energy transition.

Enforcement Trends From China’s Cyberspace Regulator in 2022

China’s internet watchdog, the Cyberspace Administration of China, has continued to tighten its regulation of internet industries and driven the formulation of many new laws and regulations in cybersecurity and data protection in China.

California “Job-Killer” SB 1044 Passes Senate Committee

On Monday, March 21, 2022, SB 1044 passed the California Senate Labor, Public Employment and Retirement Committee.