Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more
8/9/2018
/ Collective Bargaining ,
Constitutional Challenges ,
Corporate Counsel ,
First Amendment ,
Free Speech ,
Janus v AFSCME ,
Labor Relations ,
NLRA ,
Preemption ,
Prevailing Wages ,
Supremacy Clause ,
Union Dues ,
Unions
Seyfarth Synopsis: The trend-lines describe employment-related litigation in the past 25 years: (1) the emergence of arbitration as a flexible and increasingly legally viable to resolve employment claims...more
Seyfarth Synopsis: Given recent headlines, a storm could be brewing over the boundaries of the attorney-client privilege in some parts of the country. ...more
Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more
2/23/2018
/ Binding Contractual Rules ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Facebook ,
Franchisee ,
Franchisors ,
Google ,
Hiring & Firing ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Violations ,
Social Media Policy ,
Subway ,
Unfair Labor Practices ,
Unions
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more
12/19/2017
/ Employee Definition ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Section 7 ,
Teamsters ,
Unfair Labor Practices ,
Unions
Seyfarth Synopsis: With the NBA season opener just over a month away, at least one team could be getting an unexpected influx of free agents. In Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017), the Board...more
Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more
Seyfarth Synopsis: On March 13, 2017, San Jose’s new “Opportunity to Work Ordinance” takes effect, requiring covered employers to offer additional hours to part-time employees before hiring new or temporary employees. As the...more
Seyfarth Synopsis: On November 8, 2016, San Jose voters approved the most recent local effort to dictate employment scheduling practices. Beginning in March 2017, San Jose employers must offer existing part-time employees...more
12/15/2016
/ Collective Bargaining ,
Local Ordinance ,
Minimum Wage ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Record Retention ,
Secure Scheduling ,
Temporary Employees ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more
10/20/2016
/ Appeals ,
CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Interlocutory Appeals ,
Legislative Agendas ,
On-Call Employees ,
Report For Work Pay ,
Retail Workers ,
Retail Workers Bill of Rights ,
Wage and Hour ,
Wage Orders