The California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court and the subsequent passage of Assembly Bill 5 upended settled understandings regarding California’s independent contractor laws. With Proposition 22 on the ...
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California Criminal Background Check Regulations
California’s statewide “ban the box” law, in effect as of January 2018, makes it illegal for an employer with 5 or more employees to:
Include on any application for employment questions that seek the disclosure of an applicant’s conviction ...
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NLRB Restores Long-Standing Precedent
Union Employers May Make Unilateral Employment Policy Changes When Consistent with Past Practices...
In a 3-2 decision involving Raytheon Network Centric Systems last week, the National Labor Relations Board restored a 1964 precedent allowing an ...
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California Employers Must Provide Employees with Written Notice of Victim’s Rights
California employers already know there are quite a few state-mandated disclosures to give to new employees at the time of hire, and even more jobsite-posting requirements that follow. Effective July 1, 2017, California employers must also provide ...
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Workplace Policy: Court Says Whole Foods Overreached
Whole Foods claimed that its policy barring employees from all unapproved recording in the workplace was in the best interest of the employees. But that didn’t stop the Second Circuit Court of Appeal from upholding a National Labor Relations Board ...
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NLRB to Burger Chain: “Fight for $15 Buttons” are In-Not-Out
It is well established that employers may require employees to wear a uniform while working, and it is also well established under the National Labor Relations Act (NLRA) that employees have the right to wear union buttons and insignia while working. ...
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Labor Law: National Labor Relations Board Applies to Everyone
Poorly drafted handbooks can run afoul of the National Labor Relations Act when they overstep certain employee rights. Steve McCutcheon looks at the case of In-and-Out Burger and the "Fight for $15" button.
Transcript
Hello, I am Steve ...
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The Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employment Test
In 2015, the NLRB issued arguably one if it’s most controversial rulings in Browning-Ferris, which expanded the joint employment test, finding that a business could be a joint employer of workers provided by a temp agency if that business exerts ...
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