Labor & Employment Law Blog

On February 9, 2012, the federal Department of Labor (“DOL”) and the California Secretary of Labor announced a collaborative relationship between the agencies to target independent contractor misclassification. The DOL and the California Secretary of Labor signed a memorandum of understanding that touts the agencies’ focused “efforts on protecting the rights of employees.”

On February 9, 2012, the federal Department of Labor (“DOL”) and the California Secretary of Labor announced a collaborative relationship between the agencies to target independent contractor misclassification. The DOL and the California Secretary of Labor signed a memorandum of understanding that touts the agencies’ focused “efforts on protecting the rights of employees.”

As previously reported here, in late August, the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights under the National Labor Relations Act. Today, the NLRB agreed to postpone the date employers will be required to post this notice from January 31, 2012 to April 30, 2012. The ...

The 2011 California legislative season closed on October 9, 2011, with the Governor signing numerous bills affecting employers and employment law. Among the bills the Governor signed are bills greatly limiting the use of consumer credit reports by employers, expanding the definition of gender under state discrimination laws, prohibiting local governments from requiring use of E-Verify except were ...

As previously reported here, in late August, the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights. Today, the NLRB issued a press release announcing that the date employers will be required to post the notice will be postponed to January 31, 2012 from November 14, 2011. The postponement follows push back from businesses and trade organizations after the final rule was published. The NLRB states that more time is needed for enhanced education and outreach to employers, especially small and medium sized businesses. The full press release may be read here.

As previously reported here earlier this year, the National Labor Relations Board ("NLRB") issued a complaint against a Chicago car dealership alleging the dealership violated Section 7 of the National Labor Relations Act ("NLRA") when it terminated an employee for posting on his Facebook page photographs and comments criticizing the dealership for serving only hot dogs and water to customers at a dealership sales event promoting a new model, and for posting photos from an accident that occurred at an adjacent dealership. On Wednesday, September 28, 2011, an Administrative Law Judge ("ALJ") ruled that the dealership did not wrongfully terminate the employee for the Facebook postings.  However, the ALJ found that the employer had several overly broad handbook policies that unlawfully restricted employees' Section 7 rights. The ALJ ordered the employer to post a notice informing employees of their rights to engage in protected activity.  

The California Supreme Court will hear oral arguments on Monday, October 3, 2011 in Harris v. Superior Court (Liberty Mutual Insurance). The California Supreme Court granted review of Harris almost four years ago on November 28, 2007, and identified the issue to be decided as follows:

The 2011 California legislative season is coming to a close. Below is a summary of the employment-law-related bills that were signed or are pending before the Governor. The Governor has until October 9, 2011 to consider, and sign or veto the bills passed by the Legislature this year.

Bills Signed by Governor Brown

SB 272 (DeSaulnier) Leave of Absence: Organ Donation - This bill provides that the days of leave for ...

Last year the California Legislature passed SB 1304, providing employees an opportunity to take paid leaves of absence from work for bone marrow and organ donation, as previously reported here. The law took effect January 1, 2011 and applies to employers with 15 or more employees. The law allows for leaves for organ donation of up to 30 days and bone marrow donation of up to five days in a one-year period. The law ...

As we previously reported here and here, in May, the National Labor Relations Board filed complaints against at least two employers alleging the employers violated the National Labor Relations Act ("NLRA") by disciplining employees on account of disparaging statements the employees posted on Facebook statements criticizing their employers. In one of those cases, the employer terminated an employee for posting on his Facebook page photographs and comments criticizing the dealership for serving only hot dogs and water to customers at a dealership sales event promoting a new model. Salespersons complained that serving only hot dogs and water could negatively impact their sales commissions. The NLRB alleges in both both of the cases that the employees statements posted on Facebook are protected concerted activity within the meaning of Section 7 of the NLRA because the statements involved a discussion among employees about their terms and conditions of their employment.