Video Policy in the Workplace: Court Says Whole Food Overreached

Whole Foods’ claimed that its policy barring employees from all unapproved recording in the workplace was in the best interest of the employees. But that didn’t stop the Second Circuit Court of Appeal from upholding a National Labor Relations Board ruling that the store’s policy ran afoul of the National Labor Relations Act (NLRA). The … More Video Policy in the Workplace: Court Says Whole Food Overreached

California Supreme Court Clarifies Rest Day Rules

The California Supreme Court’s ruling on Monday provides important clarification to the state Labor Code requirement that employers provide employees one day of rest for every seven days worked. Nordstrom employees argued that the nationwide retailer violated the law by requiring that they work more than six consecutive days. Although some of these laws are … More California Supreme Court Clarifies Rest Day Rules

New California Regulations Will Limit Use of Criminal History Information in Hiring and Retention Decisions

New regulations from the California Fair Employment and Housing Council (FEHC) will limit an employer’s ability to use criminal history in making hiring and retention decisions. The regulations go into effect July 2, 2017. What’s behind them and what should employers do? Background Federal agencies have taken an increasingly critical view of the use of … More New California Regulations Will Limit Use of Criminal History Information in Hiring and Retention Decisions

NLRB: “Fight for $15 Buttons” are In-Not-Out

It is well established that employers may require employees to wear a uniform while working, and it is also well established under the National Labor Relations Act (NLRA) that employees have the right to wear union buttons and insignia while working. These conflicting rights often create fights over the seemingly mundane question of what a … More NLRB: “Fight for $15 Buttons” are In-Not-Out

The Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employer Test

In 2015, the NLRB issued arguably one if it’s most controversial rulings in Browning-Ferris, which expanded the joint employment test, finding that a business could be a joint employer of workers provided by a temp agency if that business exerts “indirect control” over a worker, or reserves for itself the ability to exert such control. … More The Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employer Test

Does NLRB Chairman Miscimarra’s Dissent Hint at the Future of the “Ambush” Election Rule?

The last eight years under the Obama administration saw the National Labor Relations Board’s thumb weigh heavily on the side of organized labor, often to the detriment of employees. This can be expected to change as President Trump will have two vacancies to fill on the Board, and with the recently appointed Philip A. Miscimarra … More Does NLRB Chairman Miscimarra’s Dissent Hint at the Future of the “Ambush” Election Rule?

The Total Impact of the Total Security Management Decision on Employers

New interpretive guidance issued by the National Labor Relations Board (NLRB) clarifies the power that an employer has to discipline employees during the time period between when the union wins a certification election and the employer signs a collective bargaining agreement. Although an employer can impose discipline during this time period, it is not without … More The Total Impact of the Total Security Management Decision on Employers

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