The California Supreme Court provided critical guidance this week on how to apply California’s requirement that workers receive one day of rest during each work week. In Mendoza v. Nordstrom, the Court held that the Labor Code requires one day’s rest ...
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Updates
Wage and Hour Litigation: Meal and Rest Break Requirements
California is a battleground for wage and hour litigation. There are a number of reasons why. One is the difficulty that even the best-intentioned employers have managing and enforcing meal and rest breaks for hourly employees. What does the law ...
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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. ...
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Personnel Policies: Retaliation Claims, Ubiquitous but Preventable
Retaliation claims by employees against their employers are easy claims to make and difficult to defend. They are now, in fact, the most common employment claim asserted against employers, ahead of discrimination and harassment claims. Why, and what ...
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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 Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employment Test
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 ...
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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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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 ...
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