Labor & Employment Law Blog

On July 2, 2013, the United States Treasury Department announced that implementation and enforcement of the shared responsibility mandate("employer mandate") under the Patient Protection and Affordable Care Act (“Act”) will be delayed by one year. Until today, employers were preparing to be in compliance with the Act starting on January 1, 2014. As a result of today’s announcement, employer ...

A second federal appellate court has rejected the National Labor Relations Board’s mandate that private sector employers post a Notice spelling out some, but not all, of employees' workplace rights. The ruling in Chamber of Commerce v. NLRB comes from a lawsuit brought in South Carolina to challenge the poster regulation.

Earlier, the District of Columbia Circuit Court of Appeals had rejected the NLRB's ...

In Jesus Leyva v. Medline Industries, Inc., plaintiff that alleged he and other purported class members were not paid for all hours worked because the employer rounded employee’s start times in 29 minute increments such that an employee clocking in at 7:31 a.m., would be paid only from 8:00 a.m., onward; that the employer excluded non-discretionary bonuses from the calculation of employees’ overtime rates and thereby improperly depressing the employees’ overtime wages; that the employer willfully failed to pay to employees at the time of termination all wages due and owing and is therefore subject to “waiting time” penalties; and that the wage statements the employer issued to the employees did not accurately state all hours worked and all applicable rates of pay and is therefore subject to wage statement penalties.

In Dailey v. Sears, Roebuck and Co., the California Court of Appeal held the trial court did not abuse its discretion when it denied class certification in a case alleging Sears misclassified as exempt auto center managers and assistant managers.

Plaintiff alleged Sears misclassified as exempt auto center managers and store managers when they should have been classified as non-exempt because, according to ...

On May 7, a federal court of appeals in Washington, DC ruled that the National Labor Relations Board cannot require private sector employers across the country to post a workplace poster which advises employees of certain rights under the National Labor Relations Act. Citing free speech concerns and a lack of balance in favoring a unionized workplace, the court struck a further blow against NLRB's proposed ...

The National Law Journal has again recognized Atkinson, Andelson, Loya, Ruud & Romo as one of 20 midsize law firms for inclusion on their 2013 “Hot List.” “The National Law Journal’s Midsize Hot List includes 20 law firms that are no way stuck in the shadows cast by giant competitors. As clients demand better value for their legal spend and potential laterals more satisfaction from their careers, these ...

Atkinson, Andelson, Loya, Ruud & Romo was again ranked among the top 50 largest California law firms by the Los Angeles Daily Journal.  For 2013, the Firm was ranked as the 43^rd largest law firm headquartered in California.

In January 2013 the District of Columbia Circuit Court of Appeals put the validity of hundreds of NLRB case decisions and regulatory actions in doubt. In a ruling involving Noel Canning, a Washington State company accused of unfair labor practices, the Court determined that two of the three Board members ruling against the employer lacked authority due to unconstitutional appointments from the President ...

On February 27, 2013, the Department of Labor (“DOL”) published interim final regulations regarding employee whistleblowing complaints under the Patient Protection and Affordable Care Act (“ACA” a.k.a. the healthcare reform act). The regulations allow employees to file complaints with the Occupational Safety & Health Administration (“OSHA”) against their employers (and health ...

The United States Citizenship and Immigration Services (“USCIS”) introduced a new Form I-9 today, March 8, 2013, for immediate use.  The new form, which is identified with “version (Rev. 03/08/13)” in the lower left corner, features several new revisions:

• Expands the form from one page to two pages.  The first page is to be completed by the employee, the second by the employer.
• Asks for employee e-mail ...