The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more
On September 27, 2021, California Governor Gavin Newsom signed Senate Bill 646 (“SB 646”), which creates a limited exception from the Private Attorneys General Act of 2004 (“PAGA”) for certain janitorial employees performing...more
UberX and UberBLACK Drivers Are Not Employees for Purposes of the NLRA -
According to the NLRB General Counsel’s Division of Advice (GC), Uber’s UberX and UberBLACK drivers are independent contractors exempt from the...more
7/3/2019
/ Antitrust Violations ,
Collective Bargaining ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Gig Economy ,
Independent Contractors ,
Local Ordinance ,
Misclassification ,
NLRA ,
NLRB ,
State Labor Laws ,
Uber ,
Wage and Hour
Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more
6/6/2019
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disparate Treatment ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Union ,
Paid Leave ,
Protected Concerted Activity ,
Unions ,
Wage and Hour
In yet another case that impacts both union and non-union employers, the Republican-majority National Labor Relations Board (Board) overruled Obama-era precedent and substantially narrowed what is considered “protected...more
On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more
3/5/2018
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Conflicts of Interest ,
Deregulation ,
Employer Liability Issues ,
Enforcement ,
Ethics ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Policies ,
NLRA ,
NLRB ,
Oral Argument ,
Pending Legislation ,
Petition for Review ,
Regulatory Reform ,
Remand ,
Staffing Agencies ,
Terms and Conditions ,
Unions ,
Vacated ,
Wage and Hour
Tuesday evening, the U.S. House of Representatives passed the “Save Local Business Act” (H.R. 3441 – Bryne), legislation that would amend the National Labor Relations Act and the Fair Labor Standards Act to limit joint...more
The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law...more
10/16/2017
/ Agricultural Sector ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Equal Pay ,
Farm Workers ,
Farms ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Immigrants ,
Legislative Agendas ,
New Legislation ,
Parental Leave ,
Salary/Wage History ,
Sanctuary Cities ,
Sexual Harassment ,
State and Local Government ,
Wage and Hour
Wednesday, the U.S. House Committee on Education and the Workforce approved the “Save Local Business Act” (H.R. 3441 – Bryne), legislation that would amend the National Labor Relations Act and the Fair Labor Standards Act to...more