Bradford G. Harvey

Bradford G. Harvey

Miller & Martin PLLC

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Divide Deepens Over Enforceability of Class Arbitration Waivers

The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more

8/25/2016 - Arbitration Class Action Class Action Arbitration Waivers Collective Actions Employment Contract Mandatory Arbitration Clauses NLRA NLRB Protected Concerted Activity Section 7 Split of Authority

NLRB Makes it Easier for Temporary Workers to Unionize

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

7/14/2016 - Bargaining Units Browning-Ferris Industries of California Inc. Collective Bargaining Consent Corporate Counsel Joint Employers NLRA NLRB Staffing Agencies Temporary Employees Unions

Questions and Answers on the DOL Salary Basis Requirement Final Rule

President Obama on Tuesday announced the U.S. Department of Labor's Final Rule raising the minimum salary basis for certain exemptions from overtime requirements under the Fair Labor Standards Act ("FLSA"). Below are answers...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

To Record or Not to Record, That is the Question

Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more

1/14/2016 - Audio Recording NLRA NLRB Protected Concerted Activity Video Recordings Whole Foods

California Supreme Court Follows Trend in Enforcing Class Arbitration Waiver in Employment Setting

California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T...more

6/27/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian Trucking Industry

What’s Happening with Overtime?

Some misconceptions are floating around regarding the current status of federal overtime laws. .Fact: Nothing has actually changed yet. .Fact: President Obama has ordered the Department of Labor (DOL) to evaluate...more

3/18/2014 - DOL Exempt-Employees FLSA Non-Exempt Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

Just When You Thought It Was Safe to Go Back into California: Meal and Rest Period Claims Remain Certified on Remand in Brinker

Companies with employees in California will recall last year's landmark California Supreme Court decision in Brinker v. Superior Court (April 12, 2012), which confirmed that employers need only "permit" hourly employees to...more

11/7/2013 - Class Certification Employee Rights Employer Liability Issues Rest and Meal Break

New California Pregnancy Disability Leave Rules Put to the Test

Effective December 30, 2012, California implemented various changes to its Pregnancy Disability Leave Law (PDLL), which are beginning to be put to the test. The new regulations expand when an employee may be considered...more

9/26/2013

Class Action Alert: Recent Developments Favorable for Employers

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

4/2/2013 - Arbitration Arbitration Agreements Class Action Class Certification Comcast Comcast v. Behrend Damages Discrimination Dukes v Wal-Mart Gender Discrimination Goldman Sachs Rule 23 SCOTUS Title VII

New Fair Credit Reporting Act (FCRA) Form in Effect January 1, 2013

Under the federal Fair Credit Reporting Act (FCRA), employers are required to provide a Summary of Rights form to individuals who are the subject of an investigative consumer report and/or before adverse action is taken based...more

12/14/2012 - Background Checks CFPB FCRA Summary of Consumer Rights

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