In deciding Peabody v. Time Warner Cable (SC S2048047/14/14), the California Supreme Court considered whether an employer may attribute commission wages paid in one pay period to other pay periods in order to satisfy California’s compensation ...
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Updates
Workplace Bullying: California Supervisors Must Trained to Prevent “Abusive Conduct” on The Job
In an attempt to prevent workplace bullying, Governor Davis signed into law AB 2053 in 2014, requiring that California supervisors be trained on “prevention of abusive conduct” in the workplace.
This bill expands existing law related to sexual ...
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Policies of Non-Union Employers Targeted by the NLRB
When employers think of the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB), they often focus on union–management relations, and disputes over union organizing campaigns and unfair labor practices. But regardless of ...
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Confidentiality and Social Media Policies of Employers Found to Violate Federal Labor Law
The National Labor Relations Board (NLRB) continues to take an activist role, striking a number of such policies, including employers' confidentiality and social media policies.
Confidentiality
On February 6, 2014, the NLRB determined that employer ...
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Genetic Information Nondiscrimination Act: Pre-Employment Physicals Can be a Violation
The Genetic Information Nondiscrimination Act (GINA) was passed by Congress in 2008 to prevent employers from demanding genetic information, including family medical history, and using that information in the hiring process. However, GINA’s impact on ...
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Why All Employers Need to Start Paying Attention to the NLRB
After operating for many months with three members whose recess appointments have been challenged as unconstitutional, on July 31, 2013, the U.S. Senate confirmed a full slate of nominations to the National Labor Relations Board (NLRB or the Board), ...
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Employees’ Critical Social Media Posts about Supervisor were Protected by the NLRA
Can employees' critical social media posts about a supervisor be fair grounds for dismissal? In a case filed with the National Labor Relations Board (NLRB), three employees fired for complaining about a supervisor on social media were found to have ...
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At-Will Manager Can be Discharged for Obstructing Internal Investigation
The California Court of Appeal delivered a strong reminder to employers on the value of maintaining an at-will employment relationship with employees. The Court in McGrory v. Applied Signal held that a manager’s uncooperative and allegedly untruthful ...
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