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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Updates
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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Pregnancy Disability Leave: How Much is Enough Under California’s Laws?
California’s new Pregnancy Disability Leave (PDL) regulations issued in December 2012 had sweeping implications for employers trying to maneuver their way through the various leave issues presented by employees seeking time off due to pregnancy or ...
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NLRB Rulings Impose Limits on Non-Union Workplaces
Many employers mistakenly believe that the National Labor Relations Act (NLRA or Act) and its enforcing arm, the National Labor Relations Board (NLRB or Board), are only relevant to unionized workplaces. However, in an apparent effort to assert their ...
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California Law on Commission Payments – Make it Official and Make it Clear
Paying employees on a commission basis is a common practice for retail, manufacturing and service industries employers. Until several years ago, California employers were free to make commission arrangements with employees by letter, verbally, or ...
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Reporting Time and Split Shift Premiums
The minimum wages, maximum hours, and working conditions of virtually all employees are regulated by a series of Wage Orders adopted by the Industrial Welfare Commission. Although many of these Wage Orders have been in effect for decades, until now, ...
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Public Sector Employee Disputes: Law Mandates Fact-Finding
California’s local public agency employers are grappling with new legislation that became effective January 1, 2012, which has broad implications in dealing with employee organizations. Governor Brown signed into law AB 646 (Stats. 2011, Ch. 680) ...
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