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NLRB Files Complaint Against Oregon Over Law Banning Employer Captive Audience Meetings About Unions

An Oregon law that arguably prohibits employers from requiring employees to attend mandatory meetings to hear the employer’s views regarding unions and the National Labor Relations Board (NLRB) process is unlawful, the NLRB...more

California Worker Misclassification Bill Closer To Enactment

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular...more

California First State To Clarify Definition Of Race Discrimination To Include Hair Style. Proactive California Employers Should...

In an important step for California, Governor Gavin Newsom signed SB 188 into law on July 3, 2019. SB 188 or also known as, the CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” clarifies the definition of...more

California’s “ABC” Test For Independent Contractor Analysis To Be Applied Retroactively

California employers were dealt another setback in the responding to claims of misclassification of independent contractor status for violations of the Industrial Welfare Commission Wage Order (“IWC Wage Orders”). Noting...more

New York State Commissioner Of Labor Testifies On Combatting Sexual Harassment In The Workplace

As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering bills, inter alia, to expand the definition of a hostile work environment, to...more

Cal/OSHA Publishes A Fact Sheet And Poster Regarding California’s Hotel Housekeeping Musculoskeletal Injury Program

Cal/OSHA just published a Fact Sheet and a Poster regarding Cal/OSHA’s new requirement for covered employers to create and maintain a Hotel Housekeeping Musculoskeletal Injury Program (“MIPP”) and also train their...more

New California Law Prohibits Refusing Entrance To A Business Because A Member Is Wearing Their Military Uniform And Adds Other...

On July 16, 2018, Governor Brown signed into law SB 1500 which expanded protections for members of the Armed Forces of the United States and to members of the Federal Reserve components of the Armed Forces. The new law...more

Cal/OSHA Issues Advisory For Employers To Take Precautions To Protect Workers Exposed To Hazards Relating To Wildfires

A high heat advisory for employers with outdoor workers in Central and Southern California has been issued by Cal/OSHA. With temperatures rising and more than 10 active wildfire incidents in California, Cal/OSHA is also...more

Federal District Judge Puts On Hold Parts Of AB 450 Which Prohibited Employers From Voluntarily Consenting To A Federal...

On July 4, 2018, Federal District Judge John A. Mendez granted a preliminarily injunction enjoining the State of California, Governor Brown, and Attorney General Becerra from enforcing parts of AB 450, the controversial new...more

NLRB Continues To Ask Whether Voters Were Potentially Disenfranchised When Polls Not Timely Opened

The National Labor Relations Board has reaffirmed it will apply a “potential-disenfranchisement” test, not an “actual-disenfranchisement” test, in determining whether employees were affected by a late opening of the polls at...more

California Labor Department Releases Form For Employers Responding To Immigration Agency Inspection

California’s public and private employers are prohibited from voluntarily consenting to a federal immigration enforcement agent’s request to enter nonpublic areas in the workplace or to voluntarily allow the agent access to...more

Reminder! California Employers Must Provide Notice Of The Federal And California Earned Income Tax Credit

California employers should remember that they must revise their notice to employees regarding the federal Earned Income Tax Notice to include California’s version of it. Effective January 1, 2017, employers must revise their...more

Governor Signs Bill Prohibiting Employers From Asking Applicants About Prior Salary History

On October 12, 2017, Governor Brown signed a new law which expands California’s fair pay laws in front of the Women’s Empowerment Group in Sacramento, California. Jackson Lewis previously discussed some of these proposed laws...more

Waiting Without Pay For Nike’s Pre-Exit Bag Inspection? Just Do It – Maybe, Or At Least Until The California Supreme Court Weighs...

Nike retail employees required to undergo post-clockout, pre-exit bag and coat checks are not entitled to compensation under California’s wage and hour laws for the time spent on such inspections, a federal district court has...more

California Issues New Domestic Violence, Sexual Assault, Stalking Notice

As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic...more

California Supreme Court Clarifies “Day Of Rest” Provisions

California employers can now schedule employees with more confidence when the press of business requires employees to work beyond their normal work schedule. The California Supreme Court has clarified California’s “day of...more

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