Labor & Employment Law Blog

Up-to-date Information on Labor & Employment Law

Blog Authors

Latest from Labor & Employment Law Blog

On August 10, 2018, Massachusetts Governor Baker signed into law a bill regulating non-competes, limiting their enforceability and codifying express requirements they must meet. The law goes into effect on October 1, 2018, and Massachusetts now joins the likes of states such as Utah and Idaho who have also recently passed laws regulating employee non-compete agreements. The new law, which applies to both employees and independent contractors, generally bans employment-related non-compete agreements in Massachusetts…
Last October, we wrote about a Chicago ordinance requiring hotel employers to, among other things, equip hotel employees assigned to work in guestrooms or restrooms with portable emergency contact devices. The ordinance took effect July 1, 2018. Hotel employers in Chicago should ensure compliance with the mandates of the ordinance as penalties may reach $500 for each offense. Each day a violation continues is deemed a new offense.…
On August 1, 2018, the National Labor Relations Board (“Board”) issued a Notice and Invitation to File Briefs, inviting the public to file briefs on whether the Board should overrule its 2014 decision in Purple Communications, Inc., 361 NLRB 1050 (2014), in which the Board held, absent special circumstances, employees who have been given access to their employer’s e-mail system have a right to use that e-mail system during non-working time for union…
As of October 15, 2018, NYC employers with four or more employees will be required to engage in a “cooperative dialogue” with a person who may be entitled to a workplace accommodation. The “cooperative dialogue” resembles the “interactive process” that most employers are familiar with under the Americans with Disabilities Act, but the NYC law applies to more than disability-related accommodations and, importantly, requires employers to document the cooperative dialogue process. We have prepared this…
On July 26, 2018, the California Supreme Court issued its long awaited decision in Troester v. Starbucks Corporation (S234969) on whether California wage and hour law recognizes the de minimis doctrine established by the United States Supreme Court in Anderson v. Mt. Clemens Pottery Co. 328 U.S. 680 (1946) for wage claims arising under federal law.  Under the federal de minimis rule, small amounts of otherwise compensable work time are not actionable when tracking and…
On July 10, 2018, the National Labor Relations Board (“NLRB” or “Board”) announced the start of a new pilot program to increase participation in its Alternative Dispute Resolution (“ADR”) program. Established in 2005, the Board’s ADR program provides free mediation services to parties who wish to attempt to settle cases that are pending before the Board through the use of a mediator from the Federal Mediation and Conciliation Service or the ADR program director. It…
In AHMC Healthcare, Inc. v. Superior Court, the California Court of Appeal, Second Appellate District, Division Four, extended a prior line of California cases holding that California law follows federal law with respect to evaluating the lawfulness of time clock rounding systems. You can read our prior article about See’s Candy Shops I here. Specifically, California follows 29 C.F.R. § 785.48, which permits employers to compute employee worktime by rounding “to the nearest 5…
This post originally appeared in Law360 on June 14, 2018. Earlier this year, the California Occupational Safety and Health Administration Standards Board and Office of Administrative Law approved a “Hotel Housekeeping Musculoskeletal Injury Prevention Program” that may result in sweeping changes to hospitality employers’ written policies and training practices concerning workplace injuries. The regulations take effect July 1, 2018, and affected employers have until Oct. 1, 2018, to complete their initial “work site evaluation.”…
On June 27, 2018, the United States Supreme Court ruled that mandated payment of so-called “agency fees” by non-union members in the public sector violated First Amendment principles protecting freedom of speech and association. In Janus v. American Federation of State, County and Municipal Employees Council 31, No. 16-1466, 2018 WL 3129785 (June 27, 2018) a 5-4 majority of the Court rejected the holding of the 1977 case Abood v. Detroit Board of Education, 431…