Labor & Employment Law Blog

AALRR Partner Thomas Lenz’s Article, ’Occupy’ at the Workplace, was featured in the April 2012 issue of California Lawyer in the magazine’s column on social media. The article may be read here. 

The National Labor Relations Board (NLRB) has developed a test for determining whether an employee who is engaged in activities which are protected by the National Labor Relations Act loses that protection by engaging in overly confrontational and inappropriate conduct toward his or employer.In the recent case of Plaza Auto Center v. NLRB, the Ninth Circuit Court of Appeals held that the NLRB misapplied ...

The National Labor Relations Board (NLRB) has developed a test for determining whether an employee who is engaged in activities which are protected by the National Labor Relations Act loses that protection by engaging in overly confrontational and inappropriate conduct toward his or employer. In the recent case of Plaza Auto Center v. NLRB, the Ninth Circuit Court of Appeals held that the NLRB misapplied this test in ordering an employee who engaged in such conduct to be reinstated to his job as a used car salesman in Yuma, Arizona.

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.”

Recently, the United States Department of Labor, Wage and Hour Division, approved a Notice of Proposed Rulemaking to implement Family and Medical Leave Act (FMLA) amendments that, among other things, broaden the military family leave provisions and incorporate new eligibility requirements for airline flight crew employees.  Comments to the proposed rule are due 60 days after its publication in the Federal Register.

Recently, the United States Department of Labor, Wage and Hour Division, approved a Notice of Proposed Rulemaking to implement Family and Medical Leave Act (FMLA) amendments that, among other things, broaden the military family leave provisions and incorporate new eligibility requirements for airline flight crew employees. Comments to the proposed rule are due 60 days after its publication in the Federal Register.

On January 23, 2012, the Supreme Court of the United States declined review of local ordinance language requiring supermarkets to keep their workforce for 90 days when a new owner takes over the business. Such ordinance language has become commonplace, for example, with hotel and other service industries specified by ordinance in some Bay Area cities. Contractors performing federal work face ...

On January 23, 2012, the Supreme Court of the United States declined review of local ordinance language requiring supermarkets to keep their workforce for 90 days when a new owner takes over the business. Such ordinance language has become commonplace, for example, with hotel and other service industries specified by ordinance in some Bay Area cities. Contractors performing federal work face similar ...

As we previously reported here on November 7, 2011,  Governor Jerry Brown signed into law effective January 1, 2012, Assembly Bill 469, sponsored by State Assembly Member Sandre R Swanson (Dem. Oakland), known as the "Wage Theft Prevention Act of 2011."  Effective January 1, 2012, the Wage Theft Prevention Act of 2011 subjects California employers to new notice and record keeping requirements and to additional penalties for failing to comply with various provisions of the California Labor Code.  Some of the new requirements now in effect that require action on the part of affected employers are as follows: