Many employers attempt to control what their employee can (and cannot) say in social media posts about the employer. But, the National Labor Relations Board (NLRB) has ruled in a series of cases that blanket restrictions on employee speech on social media are illegal. The NLRB’s position is that employees have the legal right to… Read More
HR & Employment Law Blog
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”) by maintaining “overly broad and discriminatory rules”… Read More
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 have complied with their obligation to engage… Read More
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 ultimately decided in favor of California employers…. Read More
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 2016 (to $9.25). In addition, beginning in… Read More
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 December 30, 2012 and impact all California… Read More
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 he or she does not have sufficient time… Read More
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 address rounding, which has long been a… Read More
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 is required to report for work and… Read More
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 a username or password for the purpose… Read More