Ellen M. Bronchetti
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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.
By Ellen M. Bronchetti and Syed Mannan 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...
By Ellen M. Bronchetti and Ron Holland 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...
By Chris Braham, Yesenia M. Gallegos, Elvira Kras, Ellen M. Bronchetti and Kristin E. Michaels 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.
By Ellen M. Bronchetti and Michelle S. Strowhiro 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...
By Ellen M. Bronchetti and Kate De La Cruz 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.
By Ellen M. Bronchetti 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...
By Ellen M. Bronchetti 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,...
By Ellen M. Bronchetti, Lindsay Ditlow, Ron Holland and Julie H. McConnell on Jun 4, 2020
Posted In Employment
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in anticipation of the eventual return to work. To properly navigate the complexities of these novel COVID-19 employment issues, you need innovative...
By Michelle S. Strowhiro, Maria C. Rodriguez, Jeffrey Holdvogt, Ellen M. Bronchetti, Andrew Liazos and Ron Holland on Mar 5, 2019
Posted In Employment, Executive Compensation
In a presentation at McDermott’s Employment and Employee Benefits Forum, our lawyers discuss the patchwork of state and local laws surrounding pay equity for similarly situated employees doing the same job. Particularly in California, new developments have emerged further clarifying pay equity laws. For best practices, they recommend: Establishing compensation ranges across substantially similar jobs...
By Ellen M. Bronchetti, Erin Turley, Maria C. Rodriguez, McDermott Will & Emery and Ron Holland on Feb 7, 2019
Posted In Employee Benefits, Employment
When California’s Dynamex decision rolled out the “ABC test”, it placed the burden on the employer to prove independent contractor (IC) status. In a presentation at the Employment and Employee Benefits Forum in California, McDermott’s lawyers discussed the implications of Dynamex, as it applies to various types of employers as well as those using staffing...