Private Sector Legal Developments

WHO IS “EXEMPT” FROM OVERTIME? WHEN IS A SALARY NOT A SALARY?
Labor Commissioner compensates assisted living care employees, victims of wage theft, in Fresno
Target workers get new Union election, unlawful handbook must be revised
FMLA definition of “son or daughter” as it applies to an adult child clarified
Board Upholds Backpay and Reinstatement Award for Workers Fired for Discussing a Workers' Rights Book on Facebook
Former Hostess employees are eligible to apply for Trade Adjustment Assistance
California Piece-Workers Win Major Victory; Court Upholds $1.8 Million Award to Auto Mechanics in Unpaid Waiting Time Case
President Obama Nominates a Secretary of Labor With the Right Stuff
Court Upholds One-Year Debarment of Prevailing Wage Violator
Pro-Union Handbilling Rights Preserved
Employer Not Allowed to Avoid Trust Fund Delinquencies in Bankruptcy Proceeding
Anti-Day Laborer and Anti-Free Speech Ordinance Blocked
Port of Long Beach truck drivers working for Seacon Logix, Inc. were employees and not independent contractors
Pregnant Worker Who Exhausted Pregnancy Leave Still Has Discrimination Claims Under California Law
CA law clarifies meaning of disability and reasonable accommodation
CA 17-year-olds to cast vote in primaries if legislation passes
More employees entitled to family and medical leave under FMLA
Op Ed: Employers Giving the Finger to the NLRA and Workers’ Rights, What’s New?
Immigration Reform on the Horizon in 2013?
D.C. Circuit finds Obama’s 2012 NLRB member recess appointments invalid; current Board pledges to continue business as usual
The legacy of Hilda L. Solis’ U.S. Department of Labor
New Regulations Make it More Difficult to Displace Workers Under Service Contracts
California Enacts Workplace Religious Freedom Act
Fiscal Cliff Deal Extends Emergency Benefits for Unemployed
NLRB Decision Makes Getting "Confidential" Witness Statements Easier
Contractors Fined Over $1 Million for Wage/Hour Violations
Board Rules Employers May Not Unilaterally Stop Deduting Dues When Contract Terminates
California Supreme Court Upholds Right to Picket in Front of Retail Stores
The California Unemployment Insurance Appeals Board rules Super Shuttle drivers are NOT independent contractors
Duty to Bargain in Good Faith Requires Employer Produce Information About Customers and Pricing Where It Claims “Competitive Disadvantage”
New California Pregnancy Regulations in the Workplace Hit the Pavement Effective December 30, 2012
Judge rules opt-out class-action waivers are illegal under the NLRA, orders employer to notify courts that it no longer wants to enforce illegal class-action waivers
Under New California Law, All Commission Payment Terms Must Be In Writing and Provided to Workers
Walmart Workers Continue to Stand Up
Four More Years – What the Election Means at the NLRB
More about Four More Years
Proposition 32: Labor Gets Out the Vote to Protect the Voice of Working People
Proposition 30: Labor Gets Out the Vote for Public Education and Public Safety
What the Election Means for Health Care Reform
Protestors boycott the Mi Pueblo supermarket’s use of the E-Verify immigration screening system
San Francisco Nursing Home Workers Collecting $500k in Back Pay
What they would have done: The vetoed “Farmworker Safety Bills” (SB 2346, AB 2676) and the “Domestic Workers Bill of Rights” (AB 889)
A Mixed Bag: Governor Brown Vetoes Pro-Worker Legislation, but Signs Other Pro-Worker Bills
New California Law Provides Employees Social Media Protections
NFL Ends Referee Lockout After Scabs Falter
NLRB orders Nursing Home to reinstate SEIU-UHW members to their jobs, pay them $1.25 million, and bargain with the Union
At least for now, Republican and Scott Walker efforts to crush collective bargaining rights deflated in a victory for unions
Don’t look now: Employers can Spy on Employees on FMLA Leave
Castlewood Country Club ordered to End the Lockout!
American Airlines Continues Attacks on Union Contracts
Port of Oakland and DLSE actively investigate several airport concessionaires for alleged wage, overtime, anti-union violations
California court finds arbitration clause buried in employee handbook invalid
If they appear to prohibit protected, concerted (including union) activities, off-duty employee access rules are unlawful
Workers in California benefit as Labor Commissioner rolls out new and improved wage claim form
What they don’t want you to know about Prop 32, the so-called Stop Special Interest Money Now Act
UPDATE - Chamber of Commerce Lawsuit Challenges New NLRB Election Rules: Did the Board Have a Quorum?
Fresh & Easy can’t force its employees to pass out fliers apologizing for pro-union protests
Workers and Unions beware of managers peeping at “private” social media
Administrative law judge determines that based on Employer’s proposals it could not seriously have expected meaningful collective bargaining
Employer Social Media Policies: General Counsel for the National Labor Relations Board sheds some light on what is permissible and what goes too far
Making "Successor" Employers Liable for Unpaid Wages: The Car Wash Operator Example
Unconscionable Forced Arbitration Agreements Unlawful
NLRB Elections Rules
United States Department of Labor Holds Wal-Mart Accountable
EEOC Restricts Employer Use of Criminal Background Checks
EEOC Prohibits Employer Discrimination Against Transgender People
Can Employers Require Workers to Sign Away Their Right to Come Together to File Class Claims Over Working Conditions? NLRB Says No.
Judge Orders Backpay and Reinstatement for Workers Fired for Discussing a CA Workers' Rights Book on Facebook
Supreme Court Says Employers Must Provide Meal and Rest Breaks
SB 299 extends pregnancy leave protections in California
Restrictions on Credit Reports used by Employers
New Anti-Wage Theft Law
Wage Theft Prevention Act of 2011
Changes to NLRB election process
Victory for hotel workers after four-year battle with Disneyland Resort over wages and health care
Gingrich Says Abolish “Stupid” Child Labor Laws
USDOL Announces New Short-Form Simplified LM-30 Form for Union Officers
New California Law on Employment Safety in Health Facilities
“Arbitration 2010 – The Steelworkers Trilogy at 50” (by Dan Boone)
New Law Severely Limits Credit Checks
San Francisco Ordinance Enforcing Penalties for Minimum Wage Violators
Ninth Circuit Finds City Anti-Solicitation Ordinance Unconstitutional
Dues Check Off Survives Even After Contract Expires in Right to Work States
NLRB Unanimously Tells Employer “Don’t Take Away That Sick Leave!”
Exigimos Justicia: Wage & Hour Class Action Filed Against Hostess Club
Public entities in CA may require apprentices on its public works projects be indentured in a joint labor-management apprenticeship program
Labor Code section 2810 protects workers by entitling them to sue the entity that contracted with their employer if their boss doesn’t pay wages owed
Good News for Labor Stability as NLRB Prepares for Leadership Change
Employee Rights Notice
Worker Retention Ordinance Protects Grocey Workers
New Proposed Rules for Employer “Persuaders” from the USDOL
NLRB Proposes Changes in Representation Election Procedures
Social Media and the NLRA: Finding the Section 7 "sweet spot"
Some Thoughts of Gerry McKay
Defending the Right to Bring Giant Inflatable Rats to Labor Protests
How to Use Large Banners
“Citizens” United v. FEC (PowerPoint)
Hearn Construction and Carpenter' Union Local 180 Decision and Order
Project Labor Agreements (PLAs) Are Returning to Federal Government Construction Projects
Department of Homeland Security Rescinds No-Match Rule
General Contractor Liable For Unpaid Wages of Workers Hired by Unlicensed Sub
Court Orders CINTAS To Pay Its Workers A Living Wage
Safe Staffing Buttons OK in Health Care Institutions
Status of No-Match Litigation
Temporary Order Stops Implementation of Anti-Worker Social Security No Match Letters Regulations of the Department of Homeland Security
NLRB Denies Health Care Workers' Rights (Again)