News & Analysis as of

Labor Code National Labor Relations Board

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Akin Gump Strauss Hauer & Feld LLP

Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President (Trump EO Tracker)

Summary - Makes it the policy of the executive branch that collective bargaining agreements (CBAs) reached in the 30 days prior to the inauguration of an incoming president shall not be approved. Instructs agency heads to...more

CDF Labor Law LLP

Captive Audience Meetings Now Banned By State Law in California 

CDF Labor Law LLP on

Last Friday, Governor Newsom signed SB 399 – The California Worker Freedom from Employer Intimidation Act into law.   SB 399, which will take effect on January 1, 2025, prohibits private and public employers in...more

ArentFox Schiff

DOJ, FTC, DOL, and NLRB Join Forces and Announce Memorandum of Understanding on Labor Issues in Merger Investigations

ArentFox Schiff on

On August 28, the US Department of Justice (DOJ) Antitrust Division, which enforces the US antitrust laws including the Sherman Act and Clayton Act, and the Federal Trade Commission (FTC), which enforces the Federal Trade...more

Snell & Wilmer

U.S. Supreme Court to Rule on NLRA Preemption of Tort-Based Suits

Snell & Wilmer on

We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Hears Oral Argument on Whether NLRA Preempts State Court Lawsuits Against Unions for Property Damage Caused During Labor...

The new year begins with one of the most anticipated labor cases on the high court’s docket in decades. On January 10, 2023, the U.S. Supreme Court heard oral argument in Glacier Northwest, Inc. v. International Brotherhood...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Payne & Fears

Key California Employment Law Cases: July 2021

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

Farella Braun + Martel LLP

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in...more

Buchalter

Who Are My Employees?

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The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also for the employees of...more

Sheppard Mullin Richter & Hampton LLP

NLRB Broadens its Test for Determining Joint-Employer Status

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and...more

Perkins Coie

Texas Bill Protects Franchisors From Joint Employment Liability

Perkins Coie on

Texas legislators recently passed S.B. 652, which seeks to protect franchisors from employment liability for the actions of franchisees. Enacted in June 2015, S.B. 652 amends the Texas Labor Code to specify that a franchisor...more

FordHarrison

New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

FordHarrison on

In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the...more

Fenwick & West LLP

Fenwick Employment Brief - January 2015

Fenwick & West LLP on

Waiting for and Undergoing Security Checks Not Compensable Time - The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more

Parker Poe Adams & Bernstein LLP

NLRB ALJ Finds Civility Requirement in Employer's Social Media Policy Legally Permissible

Federal Administrative Law Judges continue to adjudicate claims brought by the National Labor Relations Board’s general counsel, challenging the legality of employer social media policies. As reported in EmployNews, the NLRB...more

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