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Employers May Not Use Pay History as Defense to Equal Pay Act Claims

Earlier this week, just one day before Equal Pay Day, the 9th Circuit issued an en banc opinion in Rizo v. Yovino, holding that a prospective employee’s pay history cannot justify a wage disparity as a “factor other than sex”...more

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

Calif. Adopts New Salary History, Pay Scale Requirements

On Oct. 12, 2017, California Gov. Jerry Brown signed a new law that restricts employers’ use of applicants’ salary history during the hiring process. This law will also require employers to provide the applicable pay scale to...more

Calif. High Court OKs Discovery of Employee Contact Info Based on Filing of PAGA Suit

On July 13, 2017, the California Supreme Court handed down a decision in a long-running dispute in wage and hour litigation regarding whether employers must disclose employees’ names and contact information. In its first...more

California Court Foils Attempt to Avoid Prohibition on Pre-Dispute Jury Waivers

While most states permit parties to waive the right to a jury trial by contract before a dispute arises, the California Supreme Court held over a decade ago that California is not one of them. Recently, a California court...more

On-Call Rest Breaks Violate California Law

On Dec. 22, 2016, the California Supreme Court ruled in Augustus, et al. v. ABM Security Services, Inc. that an employer’s policy requiring employees to remain “on call” during paid rest breaks violated state law. This...more

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Federal Court Permanently Enjoins DOL Union ‘Persuader’ Rule Enforcement

As previously reported, on March 23, 2016, the U.S. Department of Labor (DOL) issued its reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA), originally scheduled to be...more

Los Angeles Continues Municipal Trend and Enacts Paid Sick Leave Ordinance

On July 1, 2016, Los Angeles introduced its own paid sick leave ordinance as part of the Los Angeles Minimum Wage Ordinance. The requirements of this ordinance are in addition to California’s state-wide paid sick leave...more

Court Places CA Piece-Rate Pay Statute’s July 1 “Safe Harbor” Filing Deadline on Hold

On June 30, 2016, Judge Jeffrey Hamilton of the California Superior Court in Fresno County granted a temporary restraining order (TRO) preventing the enforcement of various aspects of California’s new piece-rate pay statute,...more

DOL Issues New Union “Persuader” Rules

On March 23, 2016, the U.S. Department of Labor (DOL) issued its long-anticipated reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA). Spanning more than 400 pages, the...more

New California FEHA Regulations Impose Additional Anti-Harassment and Non-Discrimination Requirements on Employers

On April 1, 2016, new amended regulations promulgated under the California Fair Employment and Housing Act (FEHA) will take effect, and they cover a range of topics. Some of the key provisions include: - new...more

Labor Law 2015: A Year In Review

National Labor Relations Board spends Most of 2015 With a Full Complement of Members; Down to Four at Year’s End. For about two-thirds of the year, the National Labor Relations Board operated with a full complement of...more

California's Equal Pay Act Amended to Provide Additional Protections for Workers Against Gender-Based Wage Differentials

On Oct. 6, 2015, California Governor Jerry Brown signed into law Senate Bill 358 (SB 358), amending California’s Equal Pay Act (CEPA) to make it easier for workers to discover and prove the existence of unlawful gender-based...more

NLRB Greatly Expands “Joint Employer” Doctrine

As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board (NLRB) recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug....more

Urgency Legislation Clarifies California’s New Paid Sick Leave Law

As discussed in our prior article, the recently enacted Healthy Workplaces, Healthy Families Act of 2014 requires employers to provide paid sick leave to California employees who work in California for 30 or more days within...more

Revival of M.B. Sturgis? NLRB Signals Expansion of Multiemployer Bargaining Units

Under current National Labor Relations Board (NLRB) standards, a union can organize a bargaining unit of an employer’s regular employees and temporary employees supplied by a staffing agency only if both the employer and the...more

New NLRB Advice Memorandum Offers Glimmer of Hope to Franchisors

On April 28, 2015, the National Labor Relations Board (NLRB) issued an advice memorandum addressing when franchisors can be considered “joint employers” with their franchisees for purposes of the National Labor Relations Act...more

NLRB’s New “Ambush Election Rules” Go Into Effect

The National Labor Relations Board’s (NLRB’s) “ambush election rules,” which make sweeping changes to the procedures applicable in union representation cases, took effect on April 14, 2015....more

Philadelphia’s New Paid Sick Leave Law: Promoting Healthy Families Workplace Ordinance

Starting on May 13, 2015, companies operating in Philadelphia will be required to provide sick time to employees pursuant to the Promoting Families Workplace Ordinance, which was passed into law on Feb. 12, 2015....more

NLRB Reverses Board Precedent on Arbitration Deferral Standards

On December 15, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned 30-year-old precedent addressing standards for the deferral of certain unfair labor practice charges to contractual...more

Final ‘Ambush Election’ Rules Issued by the NLRB May Place Employers at a Disadvantage in the Election Process

On Dec. 12, 2014, the National Labor Relations Board (NLRB) announced that it will issue the long-anticipated “ambush election” rules on Monday, Dec. 15, 2014. The new rules, adopted by a divided NLRB split along party lines,...more

NLRB Reverses Board Precedent on Employer Email Policies

On December 11, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned existing precedent regarding an employer’s right to control its email system, and held that employees have a...more

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