New Transgender Rights Regulations Lead to Need for Emergency Regulations On July 1, 2017, the Department of Fair Employment and Housing’s (DFEH) regulations on Transgender Identity and Expression became effective. Those regulations clarified how the DFEH intended to enforce the Fair Employment and Housing Act as it protects transgender individuals in the workplace. As stated … More Construction Employers – Is Your Porta Potty in Compliance with California Law?
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
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
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
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?
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
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
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
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
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