Our attorneys endeavor to stay on top of the latest legal industry trends. See below for our Compliance Matters newsletters for news, analysis and insight as to recent legal developments that may affect you and your business.
2018
August 29, 2018
California Judge Gives Broad Retroactive Effect To State’s Landmark Independent Contractor Ruling
In May, we wrote about the California Supreme Court’s landmark Dynamex ruling, which upended decades of thinking about who could be legally paid as an independent contractor under California’s Wage Orders.
July 31, 2018
California Supreme Court Rules That Employers Must Pay For All Work Hours
O n July 26, 2018, the C a lifornia Supreme Court issued its long-anticipated decision in a case involving coffee impresario Starbucks.
July 9, 2018
A Cautionary Tale About Alternative Workweek Schedules
A recent decision from the California Court of Appeal, Maldonado v. Epsilon Plastics , tells the story of Epsilon Plastics, Inc. (“Epsilon”), an employer that learned the hard way about the perils a California employer may face when it tries to “go it alone” in implementing and maintaining an Alternative Workweek Schedule (“AWS”).
July 5, 2018
Another California Appellate Decision Upholds Neutral “Rounding” System to Measure Employee Work Time
California law requires employees to be paid for all hours worked. Some California businesses use a “rounding” system to determine the number of hours worked by their employees for payroll purposes.
June 28, 2018
Reminder To L.a., Santa Monica, And Pasadena Employers: New Minimum Wages Set For July 1, 2018
Summertime in Southern California used to be all about sunny skies, weekends at the beach, and family vacations, but ever since 2016, July 1 st has also meant City mandated minimum wage increases!
June 26, 2018
Cal/osha’s New Mandatory Injury Prevention Program For California Housekeepers To Take Effect July 1
UNITE HERE is the labor union that represents most of California’s unionized hotel employees. The union has been at the forefront of advocating for statewide safety legislation that would require employers to undertake very specific tasks in protecting both union and non-union employees from workplace injuries.
June 22, 2018
Expanded California National Origin Regulations Take Effect On July 1st
New expanded “national origin” job bias regulations are set to take effect for California employers on July 1, 2018. These new regulations enhance protections afforded to job applicants and employees, including undocumented workers, under the state’s national origin discrimination rules.
June 12, 2018
Suitable Seating Cases Pose High Exposure Risk for California Employers
As we previously reported ( link) the United States Supreme Court very recently issued its long-awaited decision holding that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA).
May 31, 2018
U.S. Supreme Court Approves the Use of Class Action Waivers in Mandatory Employment Arbitration Agreements
In a long-awaited decision issued last week, the United States Supreme Court has given a “green light” to employers who want to require employees to sign arbitration agreements waiving the employee’s right to pursue or participate in a class action lawsuit.
May 3, 2018
California Supreme Court Adopts New Tighter Standard For Classifying Workers As Independent Contractors
A stunning new decision by the California Supreme Court adopts a extremely broad, pro-worker standard for determining whether to classify a worker as an employee or independent contractor under California’s Wage Orders.
May 2, 2018
Ninth Circuit Reverses Itself, Rules That Employers Cannot Use Prior Salary To Justify Wage Differential Between Male And Female Employees
Last June, we reported on a major decision by the Ninth Circuit U.S. Court of Appeals which interpreted the federal Equal Pay Act of 1963.
March 1, 2018
EMPLOYERS CAN CONTINUE TO LEGALLY EMPLOY “DREAMERS” UNDER THE DACA PROGRAM FOR NOW
In September 2017, President Trump had announced his intent to end the Deferred Action for Childhood Arrivals (“DACA”), an immigration program which protected from deportation certain undocumented immigrants illegally brought to the United States as children.
January 22, 2018
Ballard Rosenberg Golper & Savitt
Named First Tier Labor and Employment Law Firm By US News & World Report
We always like to share good news. For the third year in a row, Ballard Rosenberg Golper and Savitt has been awarded a First Tier Ranking in U.S.
January 16, 2018
EMPLOYEE WHO DISMISSES INDIVIDUAL WAGE/HOUR CLAIMS IS PRECLUDED FROM REPRESENTING OTHER EMPLOYEES IN “PAGA” LAWSUIT
The Private Attorneys General Act (“PAGA”) has been the subject of frequent litigation since it was added to the California Labor Code in 2004.
January 5, 2018
Criminal Penalties For Minimum Wage Violations
By now, employers are well-versed in the multitude of state and local minimum wage and sick leave ordinances enacted in recent years. However, one of the biggest unknowns was what enforcement and punishment would look like
2017
December 22, 2017
IRS Standard Mileage Rates Se to Increase in 2018
Last week, the Internal Revenue Service (“IRS”) issued updated standard mileage rates for businesses to use for calculating the costs incurred by employees when driving a car for business purposes.
December 4, 2017
Holiday Hiring
Most people resign themselves to putting on a few extra pounds during the holiday season. But waistlines are not the only things that experience a temporary holiday bulge.
November 20, 2017
California’s New Gender Regulations
New regulations issued by the California Department Of Fair Employment and Housing add significant new obligations and restrictions on California employers regarding the hiring and continued employment of transgender individuals.
November 3, 2017
New California Legislation Signed by Governor Brown
Governor Brown recently signed into law several significant employment-related bills. This issue of Compliance Matters is dedicated to summarizing these new laws, most of which go into effect on January 1, 2018.
October 5, 2017
New Dads Are Entitled To The Same Amount Of Parental Leave As New Moms According To EEOC Lawsuit
A recent lawsuit the Equal Employment Opportunity Commission (“EEOC”) filed against cosmetics company Estée Lauder reveals a new twist on how a well-meaning employer is vulnerable to a lawsuit over parental leave.
September 22, 2017
California Discrimination Law Update
Since January, the California Department of Fair Employment and Housing has issued three important new employer Regulations on the following subjects: (i) when and how and employer may use criminal history information when evaluating job applicants and employees; (ii) transgender employee rights in the workplace; and (iii) workplace harassment prevention obligations.
September 11, 2017
Predictive Scheduling Laws Gaining Steam in California and Across the Country
If you have never heard of “predictive scheduling,” read on. The concept, which refers to the legal requirement of providing employees advance notice of their work schedules (and any changes to those schedules), has picked up steam in several cities and states, including California.
September 5, 2017
Emergency Regulations Regarding California’s Gender-Neutral Restroom Signage Approved
On August 14, 2017, California’s Office of Administrative (“OAL”) law approved emergency regulations that address a conflict between current regulations governing gender-neutral restroom signage.
August 18, 2017
Google Employee’s Diversity Memo Serves As A Cautionary Tale To All Employers On Protected Speech In The Workplace
By now, you’ve likely heard about the former Google employee, James Damore, who was recently fired for authoring a controversial 10-page memo questioning Google’s approach to diversity and inclusion in the workplace.
August 11, 2017
San Francisco Passes New Ordinance Requiring Further Lactation Accommodations for Mothers in the Workplace
On June 30, 2017, San Francisco Mayor Ed Lee signed the city’s new “Lactation in the Workplace Ordinance.”
August 1, 2017
STATE SUPREME COURT’S NEW “PAGA” RULING MEANS MORE CLASS ACTION STYLE LAWSUITS FOR CALIFORNIA EMPLOYERS
In 2004, the California legislature passed the Private Attorneys General Act (“PAGA”) to remedy what the legislature perceived as systemic under-enforcement of the state’s many worker protections.
July 12, 2017
CALIFORNIA’S DOMESTIC VIOLENCE LAW NOTICE REQUIREMENTS GO INTO EFFECT IMMEDIATELY
California’s Domestic Violence Law provides protections for employees who are victims of domestic violence, sexual assault, or stalking.
June 30, 2017
New California Regulations Severely Restrict How Employers May Use Criminal History Information
New regulations slated to go into effect on July 1, 2017 will severely limit the rights of a California employer to use or solicit information about the criminal history of a job applicant or employee.
June 28, 2017
Ninth Circuit Rules That the Employers May Be Able to Use Prior Salary History When Setting Pay
California employers are covered under both federal and state so-called “equal pay” legislation.
June 21, 2017
NLRB Reaffirms That Employees Have Wide Latitude To Publicly Criticize Management
In this issue of Compliance Matters, we discuss two recent National Labor Relations Board cases addressing employees who were fired for having publicly criticized their employers.
June 1, 2017
ARE YOUR MINIMUM WAGE EMPLOYEES DUE FOR AN INCREASE THIS JULY 1?
Thanks to what’s now become a confusing patchwork of federal, state and local minimum wage requirements, that’s not an easy question to answer.
May 11, 2017
California Supreme Court Clarifies California’s Seventh Day Rest Rules
Many employers may be surprised to learn that employees must generally be given at least one day off out of seven.
May 9, 2017
Court Finds That Franchisor Not Liable For Wage & Hour Violations of Franchisee
Some good news for Franchisors. In the case of Salazar v. McDonald’s Corp., a federal District Court recently ruled that McDonald’s Corp.
April 28, 2017
Correction of AB1565 Would Raise the Minimum Salary for Exempt Employees
During the Obama Administration, the United States Department of Labor (DOL) began a rule making process to update and increase the minimum salary needed for a person to qualify for an overtime exemption under the federal Fair Labor Standards Act.
April 24, 2017
Ban the Box Ordinance Update: Los Angeles Bureau of Contract Administration Publishes Guidance, Forms and Notices for Employers
In December 2016, we issued a Compliance Matters newsletter outlining Los Angeles’ new Fair Chance Initiative for Hiring Ordinance, also known as the “Ban the Box” ordinance.
April 7, 2017
EXPANDED WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF FEDERAL CONTRACTORS
Late last year, Congress made permanent the provisions of a four-year pilot program to provide protection for “whistleblowers” working for federal contractors and their subcontractors.
March 31, 2017
COMMISSIONED EMPLOYEES MUST BE PAID HOURLY FOR REST BREAKS AND NON-SALES TIME
In a case of first impression involving commissioned sales employees, the California Court of Appeal recently held that commissioned employees must be paid hourly at the minimum wage for time spent on paid rest breaks or other non-sales duties.
March 1, 2017
Effective March 1, 2017 all “single-user toilet facilities” in any business establishment, place of public accommodation, or state/local government agency must be identified as available for use by all genders.
January 20, 2017
The United States Citizenship and Immigration Services (U.S.C.I.S) has developed a new Form I-9 that all employers must begin using on January 22, 2017.
January 13, 2017
Last month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a resource document explaining the “important protections” the Americans with Disabilities Act affords to individuals with mental health conditions in the workplace.
January 4, 2017
Last month, the Equal Employment Opportunity Commission (“EEOC”) issued new guidelines on national origin discrimination.
2016
December 30, 2016
New Expansion to Existing Pay Equity Protections
Last year, we reported upon the significant changes which the California legislature made to the job bias law known as the Fair Pay Act ( CLICK HERE).
December 29, 2016
SUPREME COURT MANDATES DUTY FREE REST BREAKS
Late last week, the California Supreme Court issued another huge blow to employers in an important case involving state mandated rest breaks.
December 22, 2016
LA CITY COUNCIL ADOPTS “BAN THE BOX” ORDINANCE LIMITING EMPLOYERS FROM ASKING ABOUT CRIMINAL HISTORY
The Los Angeles City Council recently voted 12-1 in favor of adopting the Los Angeles Fair Chance Initiative for Hiring, also known as “Ban the Box.”
December 9, 2016
STATE ISSUES 2017 MINIMUM HOURLY RATES FOR THE COMPUTER PROFESSIONAL AND PHYSICIAN OVERTIME EXEMPTIONS
Background . Most of the federal and state overtime exemptions only apply to employees who are paid on a salary basis.
December 5, 2016
Governor Signs Bill Expanding Pay Equity Law’s Protections
Last year, we detailed the significant changes California made to the Fair Pay Act (CLICK HERE).
December 1, 2016
NEW STATE LAW PROHIBITS MOST EMPLOYERS FROM ASKING JOB APPLICANTS ABOUT JUVENILE CRIMINAL HISTORY OR USING THAT INFORMATION WHEN MAKING EMPLOYMENT DECISIONS
One of the many new laws signed by Governor Brown was AB 1843 which limits what employers can ask job applicants concerning their criminal history.
November 22, 2016
BREAKING NEWS: FEDERAL JUDGE BLOCKS FLSA OVERTIME RULE SET TO GO INTO EFFECT ON DECEMBER 1, 2016
A federal judge issued a preliminary injunction to block implementation of the new FLSA overtime rule slated to go into effect on December 1, 2016, which would require employers to pay salaried exempt employees a minimum salary of $47,476 per year.
October 28, 2016
Important Rules for Employing Household Employees
In recent years, California courts have seen a tremendous increase in employment litigation filed by individuals performing work in a person’s home.
October 25, 2016
One of the new labor laws going into effect on January 1, 2017 gives immigrant job applicants a potent new weapon to sue their employer for stiff penalties for committing specified Unfair Immigration Related Practices when securing or updating I-9 Forms.
October 19, 2016
The Governor recently signed new legislation that will provide greater protection for agricultural employees who work any overtime hours.
September 2, 2016
Employee leave of absence issues are among the most common and trickiest situations that employers face.
August 26, 2016
It is commonplace in 2016 for employers to require their employees to sign an agreement promising to arbitrate employment claims in lieu of taking the employer to court.
August 22, 2016
The Equal Employment Opportunity Commission (“EEOC”) is the federal agency tasked with enforcing the workplace bias rules found in Title VII of the Civil Rights Act of 1964
July 20, 2016
Back in 2004, California adopted a novel approach to enforcing Labor Code violations when it enacted the Private Attorneys General Act (“PAGA”).
July 12, 2016
As we previously reported Click Here San Diego voters approved the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) on June 7, 2016.
July 1, 2016
Starting July 1, 2016, employers located within the City of Los Angeles, as well as those located outside the City who have employees working at least 2 hours in any week within the geographic boundaries of the City of Los Angeles MUST comply with the City’s new minimum wage ordinance (“Ordinance”).
June 28, 2016
THE SAN DIEGO CITY EARNED SICK TIME AND MINIMUM WAGE ORDINANCE
San Diego jumped on the paid sick leave bandwagon, joining the ranks of Los Angeles, San Francisco, Oakland, Emeryville, and Santa Monica when voters approved the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) on June 7, 2016.
June 15, 2016
CITY OF LOS ANGELES AMENDS LIVING WAGE ORDINANCE TO ADD NEW PAID SICK LEAVE BENEFITS
The City of Los Angeles Minimum Wage Ordinance (“Ordinance”) was recently amended to include mandatory paid sick leave benefits.
May 23, 2016
DOL ANNOUNCES HIGHER SALARY REQUIREMENTS FOR OVERTIME EXEMPTIONS
On May 18, 2016, the U.S. Department of Labor (DOL) issued its long awaited regulations which more than double the minimum salary requirement for employees to be deemed “exempt” from federal overtime requirements under the law known as the Fair Labor Standards Act (FLSA).
April 21, 2016
CALIFORNIA HIGH COURT ISSUES LONG AWAITED OPINION ON WORKPLACE “SUITABLE SEATING” REQUIREMENTS
The California Industrial Welfare Commission Wage Orders contain a number of requirements governing employee wages and working conditions which must be followed.
April 5, 2016
GOVERNOR BROWN SIGNS HISTORIC LEGISLATION INCREASING CALIFORNIA’S MINIMUM WAGE TO $15.00 BY 2022
Yesterday morning, Governor Brown signed into law significant increases to the minimum wage rate for California employers.
March 18, 2016
NEW CALIFORNIA JOB BIAS REGULATIONS WILL REQUIRE MOST EMPLOYERS TO UPDATE THEIR DISCRIMINATION AND HARASSMENT PREVENTION POLICIES BY APRIL 1ST
The state’s job bias agency (the California Department of Fair Employment and Housing or “DFEH”) recently announced revised regulations that will require most employers in the state to issue new workplace anti-discrimination and harassment policies by April 1, 2016.
March 15, 2016
TRANSGENDER EMPLOYEE & JOB APPLICANT RIGHTS
A couple of weeks ago, the state’s job bias agency (the California Department of Fair Employment and Housing or “DFEH”) published a guidance titled “Transgender Rights In the Workplace” to educate the public about the rights of transgender employees and job applicants to be protected against illegal job discrimination.
March 1, 2016
FIRM NOTES
We always like to share good news. First of all, the Firm has a new partner. Additionally, several of the Firm’s lawyers have been singled out for special recognition as being tops in their field on the list of Southern California Super Lawyers by their peers.
February 25, 2016
ARE YOU A “JOINT EMPLOYER”?
Labor law watchdog agencies have been grappling with a difficult question: how best to protect workers employed through labor sharing arrangements such as employee leasing, subcontracting and third party staffing agencies.
February 18, 2016
NLRB Outlaws Policy Restricting Employees from Making Any Secret Recordings at the Workplace
Most employers and their counsel give little thought to the 81 year old National Labor Relations Act. And why would they, they ask, since that law only pertains to businesses which are unionized or under the threat of becoming union, correct? Actually, that’s 100% wrong.
February 2, 2016
Reminder to Employers: February 1 Deadline to Post OSHA Form 300A
The Occupational Safety and Health Administration (OSHA) requires certain covered employers to prepare and maintain records of workplace injuries and illnesses.
January 27, 2016
New State Law Imposes Obligations On Employers When Terrorists Threaten Schools
The second half of 2015 included several incidents in California involving school closures due to terrorist threats. Most notably, on December 15, 2015, the Los Angeles Unified School District had a city-wide school closure after the District received a suspicious email regarding a potential terrorist threat.
January 22, 2016
New Workplace Violence Prevention Requirements for Hospitals Provide a Road Map for all Employers
In 2014, the California State Legislature passed a law that aims to prevent workplace violence in the health care industry. They picked this industry to regulate because statistics show that a worker in health care is nearly five times more likely to be the victim of a violent act at work than the average worker in all other major industries combined.
January 11, 2016
New (Higher) Minimum Wage and New (Lower) Mileage Reimbursement Rate
Effective January 1, 2016, the IRS standard mileage reimbursement rate is 54 cents per mile. This number decreased from 57.50 cents per mile set in 2015 due to the lower cost of gasoline.
2015
December 22, 2015
On-Call Shifts Under Attack
In the past several months, close to a dozen new class action lawsuits have been filed against California companies over their use of so-called “on-call” shifts. On-call shifts are very common in the retail and hospitality industries, where staffing levels may vary greatly based on the expected number of customers
December 17, 2015
30 Years Young
It’s hard to believe, but In just a few weeks, Ballard Rosenberg Golper & Savitt, LLP will be celebrating our 30th anniversary. To help us usher in our 4th decade of client service, the firm is pleased to announce the launch of our new user-friendly website at www.brgslaw.com.
December 1, 2015
Two Recent Proposal Will Affect Los Angeles Employers
Ban-the-Box Makes Its Way to L.A.
If the Los Angeles City Council gets its way, Los Angeles employers will be prohibited from asking applicants about prior criminal convictions until after a conditional offer of employment has been made.
November 5, 2015
New California Law Limits How Employers May Use Federal E-Verify System
Effective January 1, 2016, a new California law signed by Gov. Brown will prohibit most California employers from using the federal E-Verify system to check the employment authorization status of any existing employee or any applicant who has not yet received an offer of employment.
November 3, 2015
Gov. Brown Signs Bill Giving Employers a Limited Grace Period to Correct Two Common Pay Stub Violations
One of the many new bills signed by the Governor last month affords employers a short window of time to correct two common pay stub violations without incurring liability.
October 27, 2015
California Expands “Parental” Time Off Rights
As part of Governor Brown’s marathon legislative session on October 11, 2015, he signed into law a revision to the Family-School Partnership Act which greatly expand your employees’ rights to job-protected leave. The new rights take effect on January 1st.
October 27, 2015
EMPLOYERS WITH PIECE RATE COMPENSATION PLANS HAVE NEW PAY OBLIGATIONS AND A VERY SHORT AMNESTY WINDOW TO CORRECT PAST VIOLATIONS
One of the many new bills signed by the Governor adds new obligations for employers that utilize a piece rate compensation plan and affords a very brief amnesty period for past violations.
October 23, 2015
New State Law Clarifies That Healthcare Employees May Waive Second Meal Period On Shifts Lasting Longer Than Twelve Hours
Governor Jerry Brown signed into law Senate Bill 327 to clarify that healthcare employees may waive one of their two meal periods on shifts that exceed twelve hours.
October 13, 2015
Governor Expands California’s Equal Pay Act Protections
Governor Brown has just signed a spate of new employment laws that are sure to pave the way for many new employee lawsuits. We will devote this and the next several issues of Compliance Matters to tell you what you need to know about these new laws.
August 17, 2015
Firm News
We always like to share good news. The firm and several of our lawyers have been singled out for special recognition as being tops in their field by the prestigious Best Lawyers in America publications.
July 24, 2015
Obama Administration Officially Declares War on Independent Contractors
We have been reporting for some time that the Obama Administration has declared war on the independent contractor relationship.
July 20, 2015
Employer Alert: Emergency Amendments To California’s Paid Sick Leave Law Go Into Effect Immediately
California’s Health Workplace Health Families Act (paid sick leave law) went into effect on July 1, 2015.
June 9, 2015
Supreme Court Reinstates Case of the Rejected Job Applicant Who Was Denied a Position at Abercrombie & Fitch Because She Wore A Religious Head Scarf To Her Job Interview
Hiring decisions (or at least the failure to hire) just got a lot more risky.
May 5, 2015
San Francisco Employers: Get Ready for More Wage Increases
In November 2014, San Francisco voters passed a “Minimum Wage Ordinance” that “not-so-gradually” increases the minimum wage for all employees working in the City and County of San Francisco over the next several years.
April 22, 2015
If the Senate Gets its Way, Holidays in California will Really be Something to Celebrate
A California state Assembly Committee recently approved “The Double Pay on the Holiday Act of 2015” (Assembly Bill 67).
March 16, 2015
EEOC Statistics Show Workplace Retaliation Claims On The Rise
This time each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases a comprehensive breakdown concerning the number and types of employment-related charges that have been filed in the prior year.
March 4, 2015
New Laws for 2015
The California State Legislature was very busy in 2014, enacting numerous labor and employment laws that will affect the day-to-day operations, practices, and policies of California employers in 2015. We have been getting a lot of questions lately about these new laws and provide a summary of the relevant provisions
February 23, 2015
Religion and the Workplace: EEOC Guidance
With so much recent media attention devoted to the subject of religious conflict, it’s only natural that such matters spill over into the workplace. We thought it would be a good time for a brief refresher on an employer’s basic duty to accommodate the sincerely held religious beliefs and expressions of job applicants/employees.
February 18, 2015
What Ban the Box Means For You
We have been getting a number of questions lately about so-called “Ban-the Box” legislation. Here is an overview.
January 13, 2015
CA Appellate Court Nixes Security Guards’ $94 Million Award for Rest Break Violations
On December 31, 2014, a California Court of Appeal unanimously reversed a $94 million judgment against a security firm
April 7, 2015
Update to New Rule Expanding Coverage under the FMLA to Same-Sex Married Couples – Court Blocks Implementation of New Rule
The Department of Labor (“DOL”) recently amended its long-standing rule and expanded coverage under the Family Medical Leave Act (“FMLA”)
March 27, 2015
U.S. Supreme Court Decision Reminds Employers to Review Accommodation Policies for Pregnant Employees
The Supreme Court revived a lawsuit brought by a United Parcel Service (UPS) employee who was denied light duty work while pregnant.
March 24, 2015
Federal Government Extends FMLA Rights to More Same-Sex Married Couples
The Obama administration has taken a huge step to protect the employment rights of same-sex married couples. Effective March 27, 2015, legally married same-sex couples will be able to enjoy the same rights as legally married opposite-sex couples
2014
January 24, 2014
New Laws Effective in 2014
When it comes to employment legislation, 2013 was yet another big year of changes. The California Legislature continued its long-established trend of increasing employee protections and entitlements, while strengthening the enforcement powers of State regulators.
February 12, 2014
NLRB Again Proposes “Quickie Election” Rules
The NLRB has proposed to reissue its 2011 “quickie election” rules, which were invalidated in a court ruling based on a procedural error in their adoption.
April 10, 2014
Employee May Be Able To Waive FMLA Entitlement
A recent decision from the U.S. Court of Appeals for the Ninth Circuit has allowed an employee who qualifies for FMLA leave the option to reserve that leave for future use.
April 30, 2014
Enforcement Agency Coordination Increases Employer Liability Risks
In a move certain to increase prosecution of employers for employment-related regulatory violations, Region 13 of the NLRB, has entered into Memoranda of Understanding (“MOUs”) with the Illinois Department of Labor (“IDL”) and the Chicago Commission on Human Relations (“CCHR”).
June 3, 2014
Class Action Lawsuit held to be “Concerted Activity” Subject to NLRB Protection
An ALJ for the NLRB has held that the termination of a New York City waiter after he filed a wage-related class action lawsuit violated the National Labor Relations Act
June 9, 2014
Is the National Labor Relations Board Licensing Vulgar Employee Misconduct?
Last week the National Labor Relations Board ruled that an employee’s angry, vulgar rant toward his manager was “protected activity” and thus not a legal basis to terminate.
June 24, 2014
Important California Supreme Court Ruling On Class Action Waivers
On June 23, 2014, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, LLC.
July 21, 2014
As Summer Temperatures Soar, Employers Face Stiff Penalties For Not Providing New Heat Recovery Periods
With the temperatures soaring this summer, here’s a reminder about a new law which went into effect this January regarding so-called “heat recovery periods.”
August 14, 2014
EMPLOYERS MUST PAY EMPLOYEE CELL PHONE EXPENSES
Employers get out your checkbooks. The California Court of Appeal has ruled that employers must reimburse employees for the reasonable cost of using their personal cell phones to make or receive business calls.
September 4, 2014
California Supreme Court Permits Illegal Workers To Sue and Collect Damages For Workplace Discrimination
The California Supreme Court has upped the ante considerably for employers that employ undocumented workers.
October 17, 2014
U.S. SUPREME COURT TO CONSIDER WHETHER AN EMPLOYER MUST PROVIDE RELIGIOUS ACCOMMODATION TO EMPLOYEES WHO WEAR A RELIGIOUS HEAD SCARF
Employers be on notice.
November 24, 2014
FAQ: New California Law Mandating Paid Sick Leave for California Employees
California’s new Healthy Workplaces, Healthy Families Act of 2014 will require most California employers to provide paid sick leave to employees beginning July 1, 2015.
December 18, 2014
Paid Sick Leave FAQ Update
California’s new Healthy Workplaces, Healthy Families Act of 2014 will require most California employers to provide paid sick leave to employees beginning July 1, 2015. However, certain obligation take effect on January 1, 2015.
December 22, 2014
A BLUE CHRISTMAS? Two NLRB Actions Alter the Labor Relations Landscape
Christmas came early for big labor. On December 11, a sharply-divided NLRB reversed prior precedent and held that employees now have a presumptive legal right to use their employer’s email system to engage in union organizing and other protected activity
Archives
To meet the needs of our clients, we have been delivering regular Compliance Matters newsletters since 2007.