Ellen M. Bronchetti Ellen M. Bronchetti

Subscribe to Ellen M. Bronchetti's Posts
Ellen Bronchetti represents employers in employment and traditional labor disputes. Her litigation experience includes representing employers in state and federal cases involving issues in wage and hour, trade secret misappropriation, whistleblower, wrongful termination, harassment, discrimination, statutory leave, retaliation and breach of contract claims, including complex class actions and representative action litigation across the United States. Read Ellen Bronchetti's full bio. 

California Requires Vaccines or Regular COVID-19 Testing for Certain Healthcare Workers and State Employees


By , and on Aug 4, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

On July 26, 2021, the California Department of Public Health (CDPH) issued a new Order that impacts healthcare and state employers in California. According to McDermott’s Michelle S. Strowhiro, Ellen M. Bronchetti and Ludia Kwon, the CDPH Order requires that almost all healthcare employers verify the vaccination status of all of their workers. The Order...

Continue Reading



Labor and Employment Policy to Watch in 2021’s Second Half


By on Jul 20, 2021
Posted In Employment, Labor

As US Congressional Democrats continue their advocacy for a pro-worker agenda, multiple bills and rules could bring about sweeping changes to the civil rights and labor protections for millions of workers. These include: The Equality Act The Protecting Older Workers Against Discrimination Act The Pregnant Workers Fairness Act The Protecting the Right to Organize Act...

Continue Reading



California’s “Right to Recall” Law: What You Need to Know


By and on May 13, 2021
Posted In Employee Benefits, Employment

On April 16, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 93 into law, a rehiring and retention law which requires employers in certain industries to make written job offers to employees who were laid off because of the impact of COVID-19. The law takes immediate effect and will remain in effect until December...

Continue Reading



American Rescue Plan Act of 2021: Employment Law Update


By and on Mar 19, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

US President Joe Biden signed into law the $1.9 trillion American Rescue Plan Act of 2021 (ARPA) on March 11, 2021. ARPA follows from weeks of negotiations in Congress and attempts to facilitate the country’s recovery from the impact of the COVID-19 pandemic. Included in ARPA are several provisions that impact employers, including provisions on...

Continue Reading



AB 5 Contractor-Classification Battles Set to Heat Up in 2021


By and on Mar 4, 2021
Posted In Employment, Labor

Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about the future of contractor-classification laws paid careful attention to California and AB 5, which went into effect on Jan. 1, 2020, and codified...

Continue Reading



What’s Expected in Employment Law in 2021?


By , , , and on Feb 3, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor, Privacy and Data Security

Last year ended as an unprecedented and historic year, with far-reaching effects across diversity, equity and inclusion, employment practices and workplace standards. In a recent article for International Law Office, partners from McDermott’s Employment group highlight what changes are expected in 2021 and how these may affect employers and employees. Access the article.

Continue Reading



Cal/OSHA Adopts Emergency COVID-19 Workplace Standards


By and on Jan 13, 2021
Posted In Employment, Labor

California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency temporary standards on COVID-19 prevention in the workforce, effective as of November 30, 2020, following approval by the Office of Administrative Law. These temporary standards require most Californian employers to implement a written COVID-19 prevention program meeting certain criteria. While many employers have already followed...

Continue Reading



New California Law SB 1159 Creates Workers’ Compensation Presumption for Certain Eligible Employees


By and on Oct 1, 2020
Posted In Employee Benefits, Employment, Labor

On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. Among other things, the law creates a “disputable presumption” under workers’ compensation statutes for certain employees with confirmed cases of COVID-19 and establishes reporting requirements on confirmed cases and number of employees. Access the article.

Continue Reading



DOL Provides Guidance on Tracking Telecommuters’ Work Hours


By on Sep 22, 2020
Posted In Employment, Labor

Employers must use reasonable diligence in tracking nonexempt telecommuters’ work hours and may do this by providing a reporting procedure for unscheduled time, the US Department of Labor (DOL) stated in August 24 guidance. The workers then must be compensated for all reported work hours, even those not requested by the employer. In a recent...

Continue Reading



Revisit Wage and Hour Policies During the Pandemic


By on Jul 16, 2020
Posted In Employee Benefits

The coronavirus pandemic has shifted some employees to remote work permanently while others are telecommuting more frequently. Employers’ wage and hour policies and enforcement should account for the rise in telework. “Ensure that employees understand that time spent checking e-mails is compensable,” said Ellen Bronchetti, a partner at McDermott Will & Emery in San Francisco,...

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES