Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021 -
While much of the legislation state lawmakers passed in 2020 was in response to the COVID-19 pandemic, California also adopted an array of...more
California Among 18 States that Successfully Challenged “Vertical Employment” Liability Rule -
Portions of the U.S. Department of Labor’s new rule regarding vertical joint employer liability were tossed out by a federal...more
Reduces Joint Employer Liability, Brings Clarity for Employers -
The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more
3/5/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unions ,
Wage and Hour
The Department of Labor issued a proposed rule to update and revise Fair Labor Standards Act regulations to implement minimum wage and overtime pay exemptions for executive, administrative, professional, outside sales and...more
3/15/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
The United States Supreme Court overturned years of precedent yesterday and ruled that a public sector employer could not deduct an agency fee, or any other form of payment, to a public sector union from an employee’s pay...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
The last few years have seen a number of attempts to revise well-established joint employer standards under both the National Labor Relations Act and the Fair Labor Standards Act. While many of the recent developments impact...more
The National Labor Relations Board suffered a minor blow to its effort to expand its joint employer standard when the U.S. Court of Appeals for the District of Columbia Circuit declined to enforce the Board’s decision in CNN...more
The “Save Local Business Act” — recently introduced in the U.S. House of Representatives — would provide much-needed clarification on the circumstances under which an entity can be liable as a joint employer under two federal...more
The Department of Labor has begun the process of withdrawing a 2016 regulation that increased the reporting requirements for employers, labor relations consultants and others under the Labor-Management Reporting and...more
Best Best & Krieger LLP attorneys Thomas O’Connell, as counsel of record, and Roger Crawford recently submitted an amicus curiae brief to the U.S. Supreme Court on behalf of the International Franchise Association, American...more
The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more
6/9/2017
/ Administrative Interpretation ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Staffing Agencies ,
Wage and Hour
An arbitration agreement preventing individuals from seeking injunctive relief was void as contrary to California public policy and could not be enforced under California law, the California Supreme Court recently determined...more
4/26/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
CA Supreme Court ,
Citibank ,
Class Action ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Contracts ,
Federal Arbitration Act ,
Injunctive Relief ,
Unfair Competition Law (UCL)
A Texas federal court’s halting of the enforcement of a new federal overtime rule that increases the salary threshold to be considered an exempt employee on Nov. 22, 2016, has received ample press. Under the new Department of...more
A class action attempt to establish joint employer liability between franchisor McDonald’s Corporation and its franchisee for allegedly unpaid wages through an ostensible agency theory was brought to an end recently by a...more
Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more
The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more
3/27/2017
/ Corporate Counsel ,
Fast-Food Industry ,
In-N-Out ,
Minimum Wage ,
NLRA ,
NLRB ,
Restaurant Industry ,
Uniforms ,
Union Insignia ,
Unions ,
Wage and Hour
The National Labor Relations Board’s adoption of a new standard for determining when two separate entities can be considered joint employers under the National Labor Relations Act will be the issue before the U.S. Court of...more
U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations -
A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more
5/9/2016
/ Demotions ,
First Amendment ,
Free Speech ,
Heffernan v City of Paterson ,
Hiring & Firing ,
Mistake of Fact ,
Political Campaigns ,
Political Expression ,
Public Employees ,
Retaliation ,
SCOTUS
Minimum wage increases will be incremental, starting in 2017 for larger employers, 2018 for smaller employers -
This week, Governor Brown signed Senate Bill 3 into law. SB 3 will raise the State’s minimum wage for hourly...more
For decades, business owners throughout the country have run through a checklist of labor laws and regulations they need to follow to maintain a productive workplace and avoid liability.
Originally published in The...more
New Standard Leaves No Predictability Regarding the Identity of the “Employer” -
The National Labor Relations Board recently made sweeping revisions to the standard for determining if two or more entities are joint...more
California Supreme Court Holds Administrative Hearing Officers Have Authority to Grant Pitchess Motions for Discovery of Personnel Disciplinary Records -
Overview: The California Supreme Court has ruled that...more
Guidance Does Not Address State-specific Laws and Requirements -
The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in...more
8/1/2014
/ Americans with Disabilities Act (ADA) ,
Employee Rights ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Small Business
The National Labor Relations Board is more closely scrutinizing the actions of private, nonunion employers on behalf of nonunion, private sector employees. BB&K’s Roger Crawford explains why, and how these employers can avoid...more