Employment Law Alerts

SCOTUS Rejects SEC's Expanded Definition of Whistleblower

Posted on February 22, 2018 at 2:25 PM

In Digital Realty Trust Inc. v. Somers, the U.S. Supreme Court has unanimously overruled a Ninth Circuit decision that had relied on the Securities and Exchange Commission’s (SEC) broad interpretation of the definition of a whistleblower under the Dodd-Franks Act.

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Court Rules Grubhub Driver Was Independent Contractor; What's the Impact for the Gig Economy?

Posted on February 15, 2018 at 1:59 PM

In a long-awaited decision, a federal district court in California has ruled that a driver for food delivery app Grubhub was an independent contractor and not an employee under California law. While the ruling in Lawson v. Grubhub, Inc. is expected to have an impact on other “gig economy” companies that offer customers an opportunity to connect with goods or services through smartphone apps, the case is not the last word on worker classification.

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The NLRB Pendulum Has Swung

Posted on December 20, 2017 at 10:59 AM

In our October 11, 2017 Employment Law Alert, The NLRB Pendulum Is About to Swing, we indicated that with a Republican majority for the first time in over decade, the National Labor Relations Board was poised to overturn a number of “labor-friendly” cases that were decided during the Obama Administration. That process was set in motion on December 1, 2017, when new NLRB General Counsel Peter Robb issued GC Memorandum 18-02 (the “Memorandum”), setting out a broad agenda to revisit many Obama-era decisions. The Memorandum instructed the Board’s Regional Offices to seek “alternative analysis” from the NLRB's Division of Advice on a range of issues before issuing Complaints, including on matters involving joint employer status, employee handbook rules, and more.

Last week, the reversals began – and since then, the Board has issued five new cases, all decided by a 3-2 majority along party lines. The latest decision came in just under the wire before Republican appointee Board Chair Miscimarra’s term expired on Saturday, December 16.  While the NLRB pendulum will continue to swing, we may see a short lull until a new Board member is confirmed to replace Chair Miscimarra.

In the meantime, here’s an overview of the new reversals.

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California's New Salary History Inquiry Ban: What Employers Can - and Cannot - Do

Posted on November 8, 2017 at 11:10 AM

As we discussed in our recent Alert, Governor Brown recently signed into law A.B. 168, which adds section 432.3 to the California Labor Code to prohibit all public and private employers, regardless of size, from requesting a job applicant’s salary history. The law takes effect on January 1, 2018. The rationale behind it, and similar laws in some states and cities across the nation, is that basing current pay on past compensation perpetuates gender and race-based pay inequities. 

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New California Workplace Laws for 2018 and How to Get Ready

Posted on October 19, 2017 at 1:48 PM

Governor Brown has signed into law a number of significant employment-related bills that will impact California workplaces. Here’s a summary of key laws taking effect on January 1, 2018, along with best practices to get ready -- and ensure compliance. 

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5 Tips to Prevent Workplace Sexual Harassment

Posted on October 16, 2017 at 9:30 AM

Sexual harassment in the workplace can take a serious toll on the victims, and can throw a company into turmoil – especially when the harasser is a high-level employee such as a founder or CEO.  The latest in a string of high-profile examples is Harvey Weinstein, who founded and ran the entertainment company that fired him after allegations surfaced in the news that he sexually harassed female employees and other women in the film industry over decades.

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The NLRB Pendulum Is About to Swing

Posted on October 11, 2017 at 9:50 AM

With recent Senate confirmations of the Trump Administration’s nominees to the National Labor Relations Board, the Board will have a Republican majority for the first time in over a decade. And when the nominee for General Counsel is confirmed, the table will be set for the Board to overturn a number of cases and rules that were decided and implemented during the Obama Administration, when the Board issued a string of union- and employee-friendly rules and decisions.

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Top Employment Law Trends to Watch as 2017 Winds Down

Posted on September 18, 2017 at 5:35 AM

This year has brought a variety of new challenges and obligations for employers in California and across the nation. Now, as summer fades and the fourth quarter of the business year begins, employers should take stock of the following employment law trends as they wind down 2017 and prepare for the year ahead. 

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San Francisco’s New Lactation Accommodation Ordinance Arrives January 1, 2018

Posted on August 7, 2017 at 9:00 AM

On January 1, 2018, San Francisco’s “Lactation in the Workplace” Ordinance will increase protections for nursing mothers in San Francisco. The law is the latest in a series of parent-friendly legislation rolled out by the City over the past few years.

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New Workplace Notice Regarding Rights for Victims of Domestic Violence, Sexual Assault and Stalking

Posted on July 14, 2017 at 9:00 AM

The California Labor Commissioner has released a new notice regarding rights under Labor Code sections 230.1 and 230 for victims of domestic violence, sexual assault and stalking. Employers must immediately begin providing the notice to new hires, and to other employees on request. Employers can develop their own notice so long as it is substantially similar in form and content to the Labor Commissioner version. The notice is required under A.B. 2337, which was signed by the Governor last fall. 

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