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 ...
[Read more] about The Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employment Test
Updates
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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Commission-Based Pay for Rest Breaks? Good Question!
A recent decision by California’s Second District Court of Appeal on commission-based pay for rest breaks raises more questions than it answers. And if it isn’t accepted by California’s Supreme Court for review, or contradicted by another appellate ...
[Read more] about Commission-Based Pay for Rest Breaks? Good Question!
Employment Policies Worth Considering in 2017: Arbitration Agreements with Class Action Waivers and Mandatory Exit Interviews
A look at court filings in 2017 shows that there has been no decline in the pace of class action and representative filings. To the contrary, in light of recent judicial opinions on rest period policies, increased paystub obligations, and confusion ...
[Read more] about Employment Policies Worth Considering in 2017: Arbitration Agreements with Class Action Waivers and Mandatory Exit Interviews
Prevailing Wage Law: Determining Pay Rates
Those confronted by the demands of prevailing wage law typically have a lot of questions. But the first and most frequently asked one is usually, "How does a contractor determine what wage rates to pay its employees on a public works project?"
The ...
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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 ...
[Read more] about Does NLRB Chairman Miscimarra’s Dissent Hint at the Future of the “Ambush” Elections Rule?
New Federal Overtime Rules Suspended and Will Not Take Effect December 1
On November 22, 2016, Judge Amos L. Mazzant, U.S. District Court Judge for the Eastern District of Texas, halted implementation of the new federal overtime rules that were set to take effect on December 1. He agreed with numerous states and business ...
[Read more] about New Federal Overtime Rules Suspended and Will Not Take Effect December 1
Prop 64: Sacramento CBS News Talks to Barbara Cotter
CBS affiliate KOVR explored a gray area of California's recently passed Prop 64 last week, asking, "Will Legalized Marijuana Affect California Workplaces?" Cook Brown partner Barbara Cotter weighed in on the subject. ...
[Read more] about Prop 64: Sacramento CBS News Talks to Barbara Cotter
