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 ...
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Beware of Zombie Claims
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 ...
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California Criminal Background Check Regulations
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 ...
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NLRB Restores Long-Standing Precedent
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 ...
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Labor Law: National Labor Relations Board Applies to Everyone
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 ...
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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 ...
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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 ...
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Podcast: Five Things Employers Should Know About Arbitration
California is not a friendly place for employers, and it is not a matter of whether an employer will be forced to deal with an employee claim, it is a matter of when. That makes it important for employers to understand some key points about ...
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