NLRB Rules Proprietary Information and Non-Disparagement Clauses in Non-Union Employment Agreement are Overbroad and Illegal

The National Labor Relations Board (NLRB) has issued another decision striking down a private, non-union employment agreement. The Quicken Loans, Inc. Decision In this most recent case, Quicken Loans, Inc. (Case No. 28-CA-75857), the administrative law judge ruled that Quicken violated the National Labor Relations Act (the “Act”)…

New Disability Regulations Take Effect December 30, 2012

On November 30, 2012,  the Office of Administrative Law approved the Fair Employment and Housing Commission’s (FEHC’s) new disability regulations.  The new regulations state explicitly that the focus under California law is now whether employers “have provided reasonable accommodation to applicants and employees with disabilities, whether all parties…

CA Supreme Court Depublishes Two Post-Brinker Opinions

Following the CA Supreme Court’s long-awaited decision in Brinker last year, which I blogged about here, California’s lower courts were left to resolve the numerous meal and rest break cases that were ordered held pending the resolution of Brinker.  Two of these cases received an extraordinary amount of press coverage, and both were…

New Bill, AB 10, Seeks Increase in State’s Minimum Wage

On Monday December 3, 2012 — the first day of the next legislative session — Assembly member Luis Alejo (D-Salinas) introduced a new bill (AB 10) that would significantly raise the state’s minimum wage to $8.25 beginning in 2014.  The bill proposes additional increases in 2015 (to $8.75) and…

New Pregnancy Disability Leave Regulations Take Effect December 30, 2012

On November 30, 2012,  the Office of Administrative Law approved the Fair Employment and Housing Commission’s (FEHC’s) new pregnancy disability leave (PDL) regulations.  The main purpose of these new regulations is to help workers affected by pregnancy stay in their job.  These new regulations, which become effective on…

CA Employees Get Time Off to Vote

With the election here, California employers are reminded that California law provides employees with up to 2 hours paid time off to vote if an employee provides 2 working days’ notice of the need for time off tp to vote.  To qualify, the employee must state only that…

Court Rules that Rounding of Employee Time is Permissible

Yesterday, the California Court of Appeal issued an unprecedented ruling in See’s Candy Shops, Inc. v. Superior Court.  The Court ruled that it was permissible under California law for employers to round employee time when calculating actual hours worked.  It is the first published California appellate case to…

Court Clarifies Employees’ Right to Reporting Time Pay

In California, most employers are required to pay “reporting time pay” to employees who show up for meetings or other work separate from their normal shift.  The right to reporting time pay is codified in Section 5 of the Wage Orders, which states — “Each workday an employee…

Governor Brown Signs New Laws Impacting California Employers

In the past few days, the California Governor has signed several new laws that will impact California employers beginning January 1, 2013, unless otherwise noted.  These include: AB 1844 (social media):  This new law prohibits an employer from requiring or requesting an employee or applicant (1) to disclose…

CA Supreme Court Grants Review in Paratransit, Inc. v. Unemployment Insurance Appeals Board

Back in June 2012, I wrote a blog post about the Court of Appeal’s decision in Paratransit, Inc. v. Unemployment Insurance Appeals Board, 206 Cal. App. 4th 1312 (2012).   In Paratransit, the California Court of Appeal held that an employee’s refusal to sign a performance review or disciplinary…