The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more
8/22/2024
/ Basketball ,
College Athletes ,
Colleges ,
Educational Institutions ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Name and Likeness ,
NCAA ,
NLRB ,
Regulatory Agenda ,
SEIU ,
Student Athletes ,
Unfair Labor Practices ,
Universities ,
Wages
As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that...more
Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more
Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more
Join CDF attorneys Mark S. Spring and Tashayla Billington for a one-hour in-depth review of the recent developments in traditional labor law. If you manage a union or non-union workforce in California, you won’t want to miss...more
California employers who have not put together their Workplace Violence Prevention Plan need to move quickly. Effective July 1, almost all California employers (with a few exceptions) are required to...more
Earlier this spring, we published an article detailing the highlights of the United States Equal Employment Opportunity Commission’s (“EEOC”) new 408-page regulations on the Pregnancy Workers Fairness Act (“PWFA”)....more
6/18/2024
/ Abortion ,
California ,
Constitutional Challenges ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
Motion To Enjoin ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Roe v Wade
Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more
In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more
In September, California Governor Newsom signed Senate Bill 553 into law. This bill enacted and added section 6401.9 into the California Labor Code.
Section 6401.9 requires that virtually all California employers draft...more
In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more
3/11/2024
/ Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more
1/23/2024
/ Arbitration ,
California ,
Causation ,
Damages ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Evidence Codes ,
Expert Testimony ,
Regulatory Reform ,
Regulatory Requirements ,
State Labor Laws
The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more
12/6/2023
/ Collective Bargaining ,
Educational Institutions ,
Employee Definition ,
Employee Rights ,
Employees ,
Labor Reform ,
NCAA ,
NLRA ,
NLRB ,
Proposed Rules ,
Regulatory Agenda ,
Student Athletes ,
Unions
Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more
10/23/2023
/ California ,
Confidentiality Agreements ,
Continuing Legal Education ,
Drug Testing ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employment Litigation ,
Employment Policies ,
Fast-Food Industry ,
Minimum Wage ,
Miscarriages ,
New Legislation ,
NLRB ,
Non-Disparagement Provisions ,
Settlement Agreements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Violence ,
Workplace Violence Prevention Programs
Effective January 1, 2024, the general statewide minimum wage will increase by .50 cents, bringing the hourly rate from $15.50 to $16.00.
Please also keep in mind that many (around 35-40) cities and counties in...more
Later this month, we will report on all the new employment-related laws that California has enacted for 2024. However, this article focuses on the bills that Newsom vetoed. Some of these are a bit of a surprise...more
10/9/2023
/ California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Vetoes ,
Labor Reform ,
Layoffs ,
Severance Pay ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act
Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more
On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., adopting a new legal standard for how the Board will evaluate workplace rules and policies that are challenged on the grounds that they...more
In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that...more
Join us for a complimentary thirty-minute webinar (plus questions) featuring Partner Alison Tsao, Chairperson of CDF’s Diversity Committee and Partner Mark S. Spring, Chairperson of the Sacramento County Bar Association’s...more
7/6/2023
/ Affirmative Action ,
College Admissions ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Webinars
Last week, in ruling on Students for Fair Admission, Inc. v. President and Fellows of Harvard College (Harvard) and Students for Fair Admission, Inc. v. University of North Carolina (UNC), the United States Supreme Court...more
Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more
In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more
Earlier this week, the California Senate Labor, Public Employment, and Retirement Committee approved SB 616. This bill now moves on for consideration by the Senate appropriations committee. SB 616, sponsored by California...more
4/24/2023
/ California ,
Compensation & Benefits ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Legislative Agendas ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision....more
3/27/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices