According to the March 24 Congressional Record, President Trump nominated Morgan Lewis labor law attorney Crystal Carey as the new National Labor Relations Board General Counsel.
Ms. Carey has been practicing for...more
Last week, I attended the American Bar Association’s Mid-Winter Meeting for the Committee on Development Under the Law of the NLRA in Clearwater, Florida. William Cowen, the new National Labor Relations Board (NLRB) General...more
Yesterday, President Donald J. Trump appointed William B. Cowen as Acting General Counsel of the National Labor Relations Board.
Mr. Cowen began his career at the Board in 1979 after graduating law school. He served in...more
When former President Joe Biden took office in January 2021, he terminated the General Counsel of the NLRB, Peter Robb, on Inauguration Day. That termination was challenged by the business community. Multiple lawsuits,...more
Join us for a comprehensive, complimentary webinar on November 20, 2024, from 10:00 - 11:00 a.m. (Pacific), presented by CDF Partners Mark S. Spring and Nicole Legrottaglie Wohl. This “Year in Review” session will cover the...more
10/31/2024
/ California ,
Continuing Legal Education ,
Driver's Licenses ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Labor Reform ,
Minimum Wage ,
Misclassification ,
New Legislation ,
New Regulations ,
NLRB ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
State Labor Laws ,
Union Organizers ,
Unions ,
Vacation Leave ,
Wage and Hour ,
Webinars
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, 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
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
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
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
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
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
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
Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of:
NLRB Adds Consequential Damages to Its Weapons Cache -
On December 13, the...more
Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more
7/25/2022
/ California ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Flexible Work Arrangements ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The California minimum wage is currently $15 an hour for employers of 25 or more employees and $14 an hour for all employers of less than 25 employees.
California law says the state minimum wage must increase to $15.50...more
Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings. “Captive...more
4/8/2022
/ Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Regulatory Standards ,
Unions
During 2020 and 2021, California introduced various bills that mandated COVID-19 supplemental paid sick leave for certain California employees. That leave expired in September 2021....more
2/11/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Retroactive Application ,
Sick Employees ,
State Labor Laws ,
Workplace Safety
President Biden’s first major domestic proposal, the Build Back Better Act (“BBB Act”), has been (and will continue to be) the subject of much press and debate. Of particular interest to our audience, the BBB Act, an...more
Late last week, President Biden signed the American Rescue Act Plan of 2021. Most of the news reports have focused on the $1,400 stimulus checks that many Americans will receive....more
3/16/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Paid Time Off (PTO) ,
Popular ,
Sick Leave ,
Sick Pay
Following up on our earlier post about all the moves President Biden was making at the NLRB General Counsel’s office, we now know that our temporary NLRB GC is Peter Song Ohr. Ohr is known as a straight shooting, publicity...more