Prospects for the New Persuader Rule are Increasingly Dim

A federal judge in Texas has permanently enjoined implementation of the so-called Persuader Rule. The Rule would have required lawyers to disclose to the U.S. Department of Labor legal advice given to an employer, as well as fees received, when the employer sought legal advice during a union organizing campaign. No such disclosure had been … More Prospects for the New Persuader Rule are Increasingly Dim

California DIR has Appealed a U.S. District Court Order Blocking Enforcement of Prevailing Wage Requirements for Ready-Mix Concrete Suppliers

On October 28, 2016, the Department of Industrial Relations issued the following release: “The Department of Industrial Relations (DIR) has appealed the preliminary injunction ordered by the U.S. District Court for the Central District of California. The order temporarily prohibits DIR and the Labor Commissioner from enforcing new prevailing wage requirements on the delivery of ready-mix … More California DIR has Appealed a U.S. District Court Order Blocking Enforcement of Prevailing Wage Requirements for Ready-Mix Concrete Suppliers

Government Contractors – Get Prepared For Paid Sick Leave

The U.S. Department of Labor has issued a Final Rule implementing Executive Order 13706 requiring federal contractors and subcontractors to provide their employees with up to 7 days of paid sick leave annually, including paid leave to care for family members. Covered Employers and Employees The Final Rule applies to new covered contracts where either … More Government Contractors – Get Prepared For Paid Sick Leave

Governor Brown Signs Bill Requiring Contractors to Pay Apprentices for Pre-Employment Processes

Governor Jerry Brown has signed into law AB 1926, which amends Labor Code section 1777.5 to require contractors who request the dispatch of an apprentice to work on a public works project and require the apprentice to “fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of … More Governor Brown Signs Bill Requiring Contractors to Pay Apprentices for Pre-Employment Processes

Court says State and Local Minimum Wage Standards can Trump Collective Bargaining Agreements

In American Hotels & Lodging Association v. City of Los Angeles, the Court of Appeals for the 9th Circuit rejected the argument that the National Labor Relations Act (NLRA), which governs relations between labor and management (including collective bargaining to set wages and other terms and conditions of employment), preempts local minimum wage ordinances that … More Court says State and Local Minimum Wage Standards can Trump Collective Bargaining Agreements

California DLSE Updates Public Works Manual

The Division of Labor Standards Enforcement, the state agency responsible for administering and enforcing California’s prevailing wage law, recently issued an updated version of its Public Works Manual [http://www.dir.ca.gov/dlse/PWManualCombined.pdf].  The most significant revisions include new sections which discuss contractors’ obligations to electronically submit certified payroll reports and DLSE’s enforcement of apprentice violations.  Other revisions address … More California DLSE Updates Public Works Manual

Arbitration Agreements with Class Action Waivers? California Employers Can Get Them and Still Lose Them

The Ninth Circuit Court of Appeals ruled this week that a class action waiver in an Ernst & Young arbitration agreement violated the National Labor Relations Act. The action stems from the financial company’s requirement that employees sign a standard agreement giving up their right to file class actions based on employment or related claims … More Arbitration Agreements with Class Action Waivers? California Employers Can Get Them and Still Lose Them

NLRB Continues to Identify Non-Unionized Employers as a Target of Enforcement

With its latest memorandum “Mandatory Submissions to the Division of Advice,” the National Labor Relations Board continues to make expansion of its role in regulating all workplaces, unionized or not, a major priority. This latest memorandum follows last year’s “Report of the General Counsel Concerning Employer Rules,” which highlighted recent Board decisions and General Counsel … More NLRB Continues to Identify Non-Unionized Employers as a Target of Enforcement

AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

The big picture of why legislation is passed is often missed in legal analysis. I have posted a separate legal update on our web site regarding the effects of California’s AB 219 and AB 852, but the reasoning behind the bills is more interesting. Throughout the country the unionized workforce is dwindling, and many union … More AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

Employers Must Be Prepared to Respond to an Ambush Election

Stephen R. McCutcheon, Jr., Attorney at Law The National Labor Relations Board’s new rule to expedite elections and limit employer rights in representation cases – referred to by many as the “Ambush Elections Rule” – went into effect on April 14, 2015. Legal challenges to the rule continue to work their way through the courts, … More Employers Must Be Prepared to Respond to an Ambush Election