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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 / 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 / August 2, 2017

California Employers Must Provide Employees with Written Notice of Victim’s Rights

California employers already know there are quite a few state-mandated disclosures to give to new employees at the time of hire, and even more jobsite-posting requirements that follow. Effective July 1, 2017, California employers must also provide ...
[Read more] about California Employers Must Provide Employees with Written Notice of Victim’s Rights

Stephen R. McCutcheon / June 4, 2017

Workplace Policy: Court Says Whole Foods 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 ...
[Read more] about Workplace Policy: Court Says Whole Foods Overreached

Stephen R. McCutcheon / April 2, 2017

NLRB to Burger Chain: “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. ...
[Read more] about NLRB to Burger Chain: “Fight for $15 Buttons” are In-Not-Out

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

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