Bruce Michael Cross

Bruce Michael Cross

Perkins Coie

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Unions Continue Their Organizing Success in Silicon Valley

In addition to championing greater employee and workplace protections via ballot measures and city ordinances in Santa Clara County, California, several unions have set their eyes on the employees of the private companies...more

3/13/2017 - Collective Bargaining Silicon Valley Technology Sector Union Organizers Unions

Seattle’s New Secure Scheduling Ordinance

The Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016. The Ordinance imposes new requirements on certain employers in the retail and food services industries for their...more

9/21/2016 - Anti-Retaliation Provisions Employer Liability Issues Fast-Food Industry Hiring & Firing Local Ordinance OCR On-Call Employees Restaurant Industry Retailers Wage and Hour Work Schedules

New Labor “Persuader” Reporting Requirements, Status in Flux

A federal judge in Texas has issued a nationwide injunction against the new labor “persuader” reporting requirements that were due to take effect on July 1, 2016. The ruling does not impact earlier employer reporting...more

7/1/2016 - Collective Bargaining Consultants DOL Final Rules LMRDA Persuader Rules Preliminary Injunctions Reporting Requirements Unions

California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage Claims

Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more

3/28/2016 - Employer Liability Issues Long Term Care Facilities New Legislation Popular Property Management Companies Stop Order Unpaid Wages Wage and Hour

Ninth Circuit Rules Tip Pooling Arrangements That Share Tips With Employees Who Do Not Normally Receive Tips Violate Federal Law

In a game-changing event, on February 23, 2016, the U.S. Court of Appeals for the Ninth Circuit (the court that covers nine western states, including Washington, Oregon and California) in a 2-1 decision ruled that it is a...more

2/26/2016 - FLSA Minimum Wage Restaurant Industry Tip Credit Tip-Pooling Tipped Employees Tips Wage and Hour

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

9/1/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors General Contractors Hiring & Firing Joint Employers NLRA NLRB Subcontractors Unfair Labor Practices Unions Wage and Hour

Don’t Let Your Super Sale Become A Violent Stampede

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more

11/22/2013 - Black Friday OSHA Retailers Safety Precautions Sales Workplace Injury

OSHA’s New Hazard Communication Standard Requires Most Employers To Train Employees By December 1, 2013

Last year, the Occupational Safety and Health Administration revised the hazard communication requirements to adopt international standards concerning the classification and labeling of hazardous chemicals and the format of...more

8/13/2013 - Chemicals Deadlines Hazardous Communication Standard Hazardous Substances New Regulations OSHA Safety Precautions Safety Training Training

Do Your Confidentiality Policies Pass NLRB's Expanding Standards?

The National Labor Relations Board, the agency that enforces federal labor law, continues to challenge employer policies that seek to impose confidentiality constraints on employees....more

8/7/2013 - Compliance Confidentiality Agreements Confidentiality Policies New Regulations NLRB

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

On April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the...more

4/19/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 SCOTUS

Concerns About Databases Of Retail Employee Thefts

On April 3, 2013, the New York Times published an article about commercial databases that contain reports from retail employers about employees who were accused of stealing from their workplaces. Other retailers, for a fee,...more

4/5/2013 - Data Protection Defamation Discrimination FCRA Hiring & Firing Retailers Theft

Employers Must Use New I-9 Forms No Later Than May 8, 2013

Last Friday, March 8th, the Department of Homeland Security, U.S. Citizenship and Immigration Services, adopted a new I-9 Form that must be used by all employers (and some other entities), starting no later than May 8,...more

3/12/2013 - Eligibility Hiring & Firing I-9 USCIS

National Labor Relations Board Issues Decisions Important To All Private Sector Employers

In the waning days of 2012, the National Labor Relations Board (NLRB) issued several game-changing decisions that are important to all private sector employers—both union and nonunion....more

1/28/2013 - Dues Checkoff Facebook Hispanics United of Buffalo NLRB Protected Concerted Activity Social Media Union Dues Unions WKYC-TV

California Law Soon To Require Written Contracts For Employees Paid On Commission (AB 1396; Cal. Labor Code § 2751)

On January 1, 2013, all employers with employees in California who are paid by commission will be required to have written contracts with those employees. This law is a significant departure from the previous law, which only...more

12/28/2012 - PAGA Sales Commissions Unfair Competition Written Agreements

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