For the first time in 11 months, the National Labor Relations Board will likely have a quorum by year end, enabling it to start issuing decisions. Board member nominee Scott Mayer, a chief corporate labor counsel, was a...more
The National Labor Relations Board (NLRB) has filed a lawsuit against the state of California seeking to block a new law that would allow the California Public Employment Relations Board (PERB) to take on responsibilities...more
10/23/2025
/ California ,
Collective Bargaining ,
Constitutional Challenges ,
Employment Litigation ,
Government Agencies ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Public Employment Relations Board’s (PERB) ,
Regulatory Authority ,
State and Local Government ,
State Labor Laws ,
Supremacy Clause ,
Unfair Labor Practices
California Gov. Gavin Newsom has signed many bills passed in the 2025 legislative session into law that affect employers with employees in the Golden State. Below are highlights of what did and did not become law. Unless...more
10/22/2025
/ California ,
Corporate Counsel ,
Employee Rights ,
Gig Economy ,
Labor Relations ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Pay Transparency ,
Reporting Requirements ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
On October 3, 2025, California’s Governor signed Assembly Bill (AB) 1340 which establishes the Transportation Network Company Drivers Labor Relations Act (Act) which provides drivers for certain gig drivers with the right to...more
10/6/2025
/ California ,
Collective Bargaining Agreements (CBA) ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
New Legislation ,
On-Demand Services ,
Ridesharing ,
State Labor Laws ,
Transportation Industry ,
Unions
California’s labor landscape is changing with the passage of Assembly Bill (AB) 288, which expands both worker rights and the authority of the state’s Public Employment Relations Board (PERB). Employers should be aware of...more
10/3/2025
/ California ,
Collective Bargaining ,
Labor Reform ,
Labor Regulations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
Public Employment Relations Board’s (PERB) ,
Regulatory Authority ,
State Labor Laws ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more
9/2/2025
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Enforcement Actions ,
Labor Disputes ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
State Labor Laws ,
State Legislatures ,
Unemployment Benefits ,
Unfair Labor Practices ,
Unions
On August 21, 2025, the Mayor of Long Beach approved an ordinance requiring staffing for self-checkout at drug retail establishments and grocery stores. The ordinance will go into effect on September 21, 2025, the 31st day...more
8/28/2025
/ California ,
Compliance Dates ,
Drug Distribution ,
Employees ,
Employer Responsibilities ,
Grocery Stores ,
Local Ordinance ,
New Regulations ,
Pharmacies ,
Regulatory Requirements ,
Retailers ,
State and Local Government
The City of Long Beach introduced a new ordinance aimed at curbing retail theft and improving safety in grocery and drug stores that use self-service checkout stations. The ordinance applies to “drug retail establishments”...more
8/7/2025
/ Automated Systems ,
Consumer Protection Laws ,
Employer Responsibilities ,
Enforcement Actions ,
Grocery Stores ,
Local Ordinance ,
New Regulations ,
Penalties ,
Pharmacies ,
Proposed Legislation ,
Regulatory Requirements ,
Reporting Requirements ,
Retailers ,
State and Local Government ,
Theft ,
Workplace Safety
Although National Labor Relations Board General Counsel Jennifer Abruzzo’s termination by President Donald Trump was widely expected, his removal of Board Member Gwynne Wilcox is unprecedented. Wilcox’s removal also leaves...more
2/3/2025
/ Administrative Law Judge (ALJ) ,
Employment Litigation ,
Executive Orders ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Presidential Appointments ,
Regulatory Agenda ,
Trump Administration ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more
12/16/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Wage and Hour ,
Waivers
On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections:
•Overview of the Minimum...more
Effective April 1, 2024, a new California law will require employers in the state’s fast casual restaurant industry to pay covered non-exempt employees a minimum wage of $20 an hour. This article summarizes the steps...more
On March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610, which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, event centers, theme parks, museums, and certain other...more
The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must...more
The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more
11/8/2023
/ Compensation & Benefits ,
Contractors ,
Employment Contract ,
Franchises ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Retailers ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,...more
11/1/2023
/ Attorney-Client Privilege ,
C-Suite Executives ,
Confidential Information ,
Disclosure Requirements ,
Documentation ,
Employees ,
Investigations ,
Legal Advice ,
Professional Misconduct ,
Reporting Requirements ,
Retailers ,
Shareholders
On September 28, 2023 , Governor Newsom signed Assembly Bill (AB) 1228, completing the agreement reached between business and labor in early September regarding the FAST Recovery Act.
On September 11, 2023, the coalition...more
Warehouse, processing, and distribution facilities serve a crucial role in many retailers’ supply chains (especially those relying primarily on e-commerce), as such facilities provide space for inventory storage and assist...more
On September 11, 2023, the coalition of California businesses announced its agreement with labor unions to withdraw their referendum challenging Assembly Bill (AB) 257, which created the FAST Recovery Act, from next year’s...more
The appeal of artificial intelligence (AI) is more real than ever as we see an explosion of interest in using AI technology to make everyday life — and work — easier. Many retailers, for example, are considering AI to...more
On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill.
While appropriations bills such as AB 102 are generally not...more
The Wage and Hour Division of the Department of Labor (DOL) has advised in an opinion letter on calculating Family and Medical Leave Act (FMLA) leave when employees take off part of a week during which a holiday falls that...more
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC...more
As restaurants emerge from the COVID-19 pandemic, employers in the industry continue to face new challenges with organizing activity on the rise and new generations leading the charge....more
The Year Ahead in Caffeinated Organizing-
With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023....more
4/4/2023
/ Day-Rate Pay ,
Distributors ,
Employment Discrimination ,
Fair Workweek ,
Federal Arbitration Act ,
Heat Exposure ,
NLRB ,
OSHA ,
Over-Time ,
Pay Transparency ,
Retail Workers Bill of Rights ,
Retailers ,
SCOTUS ,
Severance Agreements ,
Temporary Employees ,
Warehouses ,
WARN Act ,
Work Schedules