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Unions: NLRB Says Employers Can Restrict Use of Company Email for Union Purposes

In an important development, the National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn’t violate federal labor relations law by maintaining a policy that barred employees from using the employer’s email system for union activities and other non-job-related solicitations. Join us this fall in San Francisco for the California Employment Law Update […]

News Notes: OFCCP’s Revised Affirmative Action Rules Take Effect

The Office of Federal Contract Compliance Programs has issued new affirmative action regulations for federal contractors, the first major overhaul of the program in 30 years. The new rules, which took effect Dec. 13, 2000, simplify some affirmative action plan requirements. But they also mandate that every other year all nonconstruction employers fill out an […]

More Delays in Health-reform Implementation; Oct. 1 Start for Exchanges Compromised

The federal agencies implementing health reform continue to delay aspects of roll-out, especially as they relate to state-based health insurance marketplaces (also called “exchanges”), which are supposed to be up and running on Oct. 1. The Obama White House announced on Sept. 27 that federally run health-insurance exchanges, required by health care reform, will not […]

New Harassment Legislation: Governor Expands Law To Cover Independent Contractors; 3 Important Steps To Take

One advantage of using independent contractors has traditionally been that you could not be sued for many employment-related disputes. But because Governor Davis has just signed a new law expanding harassment protections to independent contractors, you will now have to be more cautious in how you deal with them. The measure takes effect January 1, […]

Obama Signs Equal Pay Legislation Into Law

President Barack Obama has signed the Lilly Ledbetter Fair Pay Act into law. The legislation makes it easier for workers to file pay-bias complaints under Title VII of the Civil Rights Act of 1964. The law arose in response to a 2007 Supreme Court decision that said the deadline for workers to file a pay-bias […]

ADA Accommodations: New Ruling Clarifies Employee And Employer Obligations, Protects Seniority Systems

Most employers know they need to seek a reasonable accommodation for disabled workers who are otherwise qualified to perform their jobs. But applying this rule to real-life situations can be complicated. What if an employee wants an accommodation that would require you to make an exception to your established seniority system? And how far do […]

News Notes: New Suits Challenge Overtime Classifications

Two lawsuits charge California employers with misclassifying workers as exempt from overtime requirements. In one case, Denny’s is accused of failing to pay overtime to 1,500 managers. The suit alleges Denny’s understaffed its restaurants, causing managers to spend more than half their time performing nonmanagerial tasks such as serving food. Denny’s says its compensation system […]

Governor Vetoes Employer-Unfriendly Employment Bills

This month, the real news is about what employment-related bills Governor Arnold Schwarzenegger didn’t sign. The most notable bill struck down by the Governor is S.B. 242, which would have made it unlawful for employers to discriminate against an employee based on the employee’s primary language, or to ban employees from speaking any language in […]