Recent California labor and employment law developments could signal good news for employers facing individual and/or representative claims under California’s Private Attorneys General Act (“PAGA”). Specifically, a newly-enacted state law could potentially help rein-in the rising number of individual and representative PAGA claims by providing employers an opportunity to remedy certain “technical” Labor Code
What are the employment implications of the transfer of a business in the US?
When a buyer acquires the assets of another company, both the buyer and the seller must focus on federal and state laws in the United States which impact on employees who transition on the sale of the business. For example, if a sufficient number of employees are affected, the federal Worker Adjustment and Retraining Act
Paid sick days law in California is amended
The California Healthy Workplaces, Healthy Families Act of 2014 (“the Act”) went into effect on January 1, 2015, but its key accrual and use provisions became effective on July 1. On July 13, 2015, Governor Jerry Brown signed Assembly Bill 304, amending California’s Sick Leave law to make immediate changes. Those amendments state:
- Employers may
Who’s reading your email? Purple Communications and fighting the urge to cyber-spy
This month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property—seeing email as not much more than a real-life
Who’s reading your email? – Purple Communications and fighting the urge to cyber-spy
Last month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property – seeing email as not much more than
A Shake-Up for Franchisors: NLRB issues 43 unfair labor practice complaints against McDonald’s
The General Counsel of the National Labor Relations Board has authorized Regional Counsel in regional offices throughout the United States to issue 43 unfair labor practice complaints in cases involving claims that McDonald’s USA and its franchisees are “joint employers” and jointly liable.
These cases involve claims by workers at franchisee-owned restaurants that they were
We filter: Crafting An affirmative defense to sexual harassment?
Many employers have implemented policies and procedures to protect employees from harassment in the electronic work space in an effort to limit liability.
EEOC statistics suggest that claims of unlawful harassment through electronic communications, including emails, pornographic websites, and sexual comments on social media and blogs make up an increasing percentage of sexual harassment charges