Seeking another route to reverse a key decision of the Obama-era National Labor Relations Board (“NLRB” or the “Board”), the current Board has proposed a new administrative rule for determining whether an entity is a “joint employer.” The key to this new test is that an entity controls the “essential terms and conditions” of an…

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Category: NLRB,

September is the most common birth month in the United States, making August a common time for HR professionals to be preparing for maternity leaves and other issues surrounding pregnant employees. Here are ten practical tips every California employer should know when supporting their pregnant employees: No Stereotyping: Pregnancy is a protected characteristic under California’s…

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In a long-awaited decision, the California Supreme Court has just rejected the applicability of the Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law, in Troester v. Starbucks. Troester was an hourly Starbucks employee who claimed unpaid wages for performing store-closing tasks after clocking out. These tasks included transmitting daily sales, profit and…

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Category: Wage-Hour,

As most employers are undoubtedly aware, April’s dynamite Dynamex decision blew up the definition of “employer” for purposes of determining independent contractor status. The California Supreme Court utilized the newly adopted “ABC test” for determining whether an employer “suffers or permits” the work, thereby justifying classifying the worker an employee.  The knockout blow came in…

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The U.S. Supreme Court on June 27th issued its long-awaited decision in Janus v. AFSCME, ruling that public sector employees are no longer required to pay “agency fees” to a union which has the right of exclusive representation under the law, even when the employee chooses not to join the union.  This holding overruled a…

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Category: U.S. Supreme Court,