Andrew Cleves

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Andrew's practice focuses on employment law and labor relations. He advises and represents employers in a broad range of matters, including discrimination, harassment, retaliation, misappropriation of trade secrets, and breaches of non-competition and other types of employment agreements. Andrew has appeared on behalf of management in state and federal courts and before arbitrators and various administrative agencies. Andrew also has represented employers in traditional labor matters, including at arbitrations and before the National Labor Relations Board and State Employment Relations Board.

When not involved in active litigation, Andrew counsels employers of all sizes on key issues, such as employee discipline, employee handbook and policy development, leave administration, wage and hour compliance, union organizing efforts, and various aspects of the collective bargaining process. Andrew also drafts employment agreements and state-specific policies.

Latest Articles

On April 1, the U.S. Department of Labor proposed a new regulation for determining a company’s joint employer status under the Fair Labor Standards Act. When two companies are deemed joint employers, they share responsibility for the workers’ wages, which include the payment of minimum wages and overtime. Under the new rule, the Labor Department would analyze the following four factors in evaluating whether a company jointly employs workers: Whether the company hires or fires…
Feel like the government shutdown has reduced news coming out of the federal administrative agencies? If so, January 17, 2019 likely provided a spark to your week. Last Thursday, National Labor Relations Board (“NLRB”) Chairman John Ring issued a letter which served as the most-recent move in the NLRB’s joint employer dance. In his letter, Chairman Ring responded to the request of two U.S. House of Representatives Democrats that the NLRB withdraw its proposed joint…
A federal court of appeals recently ruled that, standing alone, full-time presence at the workplace is not an essential function of a job. In the case, an HR Generalist returned to work part-time while suffering from postpartum depression and separation anxiety. Initially, the employer accommodated the employee by allowing her to work five half-days per week and perform some work from home. However, after the employee sought to extend her part-time work, the employer determined…
Recently, House Republicans renewed efforts to rein in expansion of two federal labor laws’ joint employer definition by introducing the Save Local Business Act (“SLRA”) (H.R. 3441). The SLRA limits how affiliated companies are considered joint employers for collective bargaining liability purposes and within wage and hour laws. The SLRA represents an expanded effort to reverse the National Labor Relations Board’s (“NLRB”) Browning-Ferris Industries of California Inc., 362 NLRB No. 186 (Aug. 27, 2015) decision.…