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Home > Archives for Stephen R. McCutcheon

Stephen R. McCutcheon

Stephen R. McCutcheon

Steve’s clients rely upon him for practical ways to reduce exposure, avoid litigation, and make wise business decisions in the pursuit and defense of claims. He is sensitive to eliminating disruption so his clients can stay focused on their business rather than litigation. When litigation is unavoidable, Steve brings to the table 20 years of experience in labor, employment, construction, and constitutional law in California and federal courts, representing individuals, businesses, and associations. Read More

Stephen R. McCutcheon / October 21, 2020

Is Time Off to Vote Required?

Personnel Policies

California employers are subject to a wide variety of laws providing employees with the right to take time off from work. Although California has largely moved to vote by mail, in-person voting locations will remain open, and under certain ...
[Read more] about Is Time Off to Vote Required?

Stephen R. McCutcheon / September 23, 2020

California Independent Contractor Law Continues to Evolve

Personnel Policies

The California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court and the subsequent passage of Assembly Bill 5 upended settled understandings regarding California’s independent contractor laws. With Proposition 22 on the ...
[Read more] about California Independent Contractor Law Continues to Evolve

Stephen R. McCutcheon / June 23, 2020

Beware of Zombie Claims

COVID-19 Updates

Updated June 23, 2020 The COVID-19 Pandemic Keeps Civil Claims Alive While workers and businesses are focusing on addressing the immediate health and financial impacts of the COVID-19 virus, in California, the virus has another effect—keeping civil ...
[Read more] about Beware of Zombie Claims

Stephen R. McCutcheon / May 24, 2018

California Criminal Background Check Regulations

Hiring

California’s statewide “ban the box” law, in effect as of January 2018, makes it illegal for an employer with 5 or more employees to: Include on any application for employment questions that seek the disclosure of an applicant’s conviction ...
[Read more] about California Criminal Background Check Regulations

Stephen R. McCutcheon / December 19, 2017

NLRB Restores Long-Standing Precedent

Labor Relations

Union Employers May Make Unilateral Employment Policy Changes When Consistent with Past Practices... In a 3-2 decision involving Raytheon Network Centric Systems last week, the National Labor Relations Board restored a 1964 precedent allowing an ...
[Read more] about NLRB Restores Long-Standing Precedent

Stephen R. McCutcheon / March 30, 2017

Labor Law: National Labor Relations Board Applies to Everyone

Labor Relations

Poorly drafted handbooks can run afoul of the National Labor Relations Act when they overstep certain employee rights. Steve McCutcheon looks at the case of In-and-Out Burger and the "Fight for $15" button.  Transcript Hello, I am Steve ...
[Read more] about Labor Law: National Labor Relations Board Applies to Everyone

Stephen R. McCutcheon / March 17, 2017

The Impact of the Total Security Management Decision on Employers

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 ...
[Read more] about The Impact of the Total Security Management Decision on Employers

Stephen R. McCutcheon / March 9, 2017

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

National Labor Relations Board Acting Chairman Philip A. Miscimarra’s recent dissent in European Imports, Inc., Case 13-RC-19428, hints at the direction the Board may head over the next few years. Chairman Miscimarra and former member Harry Johnson ...
[Read more] about Does NLRB Chairman Miscimarra’s Dissent Hint at the Future of the “Ambush” Elections Rule?

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