Author: James W. Ward

Supreme Court Rules Employer Can Sue Union for Intentional Damage During Strike
2223
Posted in Labor Relations

Supreme Court Rules Employer Can Sue Union for Intentional Damage During Strike

On June 1, 2023, the U.S. Supreme Court ruled — in a near unanimous 8-1 opinion — that the National Labor Relations Act (NLRA) doesn’t…

2516
Posted in COVID-19 (Coronavirus) Health and Safety

EEOC COVID-19 Guidance Updated as Federal COVID-19 Emergency Ends

On May 15, 2023, following the end of the national COVID-19 Public Health Emergency Declaration, the Equal Employment Opportunity Commission (EEOC) updated its long running…

3064
Posted in Discipline Labor Relations

NLRB Restricts Employers’ Ability to Discipline Employees for Outbursts

On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision, Lion Elastomers LLC II, that could make it more difficult to discipline…

Labor Contractor Employee Pay Data Report Deferral Available
2372
Posted in Reporting Requirements

Labor Contractor Employee Pay Data Report Deferral Available

This year, large employers must submit their California pay data reports by May 10, 2023 — a deadline that is quickly approaching. However, the California…

2441
Posted in Independent Contractor

California’s Worker Classification Law Legal Challenge Partially Revived

On March 17, 2023, the Ninth Circuit Court of Appeals partially reversed a district court’s order denying a preliminary injunction and dismissing a legal challenge…

2254
Posted in Independent Contractor

Court Upholds Most of Proposition 22

Worker classification laws continue to evolve in California — the latest is a California Court of Appeal decision upholding most of Proposition 22’s provisions while…

4401
Posted in COVID-19 (Coronavirus) Workplace Safety

CDPH, Cal/OSHA Update COVID-19 Order, Guidance

On March 3, 2023, the California Department of Public Health (CDPH) updated its COVID-19 public health order and guidance following the end of the COVID-19 State…

3499
Posted in Meal and Rest Break

California Court Rules Good Faith Belief Avoids Waiting Time, Wage Statement Penalties

A California Court of Appeal recently ruled that an employer’s good faith belief that it was complying with state wage and hour laws precluded the…

severance agreement
4758
Posted in Labor Relations

NLRB Restricts Use of Confidentiality, Non-Disparagement Provisions in Severance Agreements

On February 21, 2023, the National Labor Relations Board (NLRB) issued an important decision that may affect employers’ use of confidentiality and non-disparagement clauses in…

2019
Posted in Compensation

Employers Don’t Need to Count Overtime Twice in Percentage Bonuses

A California Court of Appeals recently ruled that employers can calculate nondiscretionary percentage bonuses using the federal Fair Labor Standards Act (FLSA) calculation method detailed…