News & Analysis as of September 21, 2024

The National Labor Relations Act › CA Supreme Court

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Ninth Circuit Affirms District Court’s Dismissal of Claims as Preempted by NLRA and Class Action Settlement

Perkins Coie on 4/22/2022

The U.S. Court of Appeals for the Ninth Circuit, on March 18, 2022, applying de novo review, affirmed the district court’s dismissal of plaintiff Cesar Moreno’s wrongful termination claims against his former employer,...more

Post-Epic Systems Challenges to Iskanian Are Going Nowhere

Akin Gump Strauss Hauer & Feld LLP on 11/12/2021

In the landmark case of Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court held that an arbitration agreement purporting to waive the right to bring a representative action...more

Key California Employment Law Cases: July 2021

Payne & Fears on 8/11/2021

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

AB 5 Contractor-Classification Battles Set to Heat Up in 2021

McDermott Will & Emery on 3/4/2021

Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about...more

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on 1/12/2021

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Ag Producers Challenge Union Access To Property

Husch Blackwell LLP on 1/7/2021

For the past 45 years, California’s Agricultural Labor Relations Board (ALRB) has promulgated a regulation requiring producers of agricultural products to give union organizers access to their property. Access is limited to...more

Employment Flash - September 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 9/26/2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Democratic Presidential Contender’s New Plan Calls For Protections For Gig Workers

Fisher Phillips on 7/30/2019

The Gig Economy has caught the attention of at least one presidential candidate who has unveiled a plan called “A New Rising Tide” which, among other things, calls for greater protections for gig economy workers. South...more

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

Proskauer - Labor Relations Update on 5/16/2019

In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on 1/25/2019

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

Employment Flash - September 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 9/27/2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 6/14/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

April and May 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on 6/11/2018

The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Employment Law - September 2017

Manatt, Phelps & Phillips, LLP on 9/21/2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of...more

Employment Law - July 2017 #2

Manatt, Phelps & Phillips, LLP on 8/1/2017

Union Posters Crossed the Line, Eighth Circuit Rules - Why it matters - A group of Jimmy John’s workers lost the protection of the National Labor Relations Act (NLRA) with a disloyal poster campaign, the U.S. Court of...more

Employment Law - May 2017 #2

Manatt, Phelps & Phillips, LLP on 5/22/2017

One Day of Rest Mandated by California Supreme Court - Why it matters - Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek,...more

Employment Law - June 2016 #3

Manatt, Phelps & Phillips, LLP on 6/30/2016

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

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The National Labor Relations Act › CA Supreme Court

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