Employment Contracts and Agreements

Section 7(a) of the NLRA Applies to More Than Just CBA Employees

In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These rights include the right to self-organize; join or assist labor organizations; cooperate in NLRB investigations; and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, including criticizing employer policies and discussing severance, wages and other terms and conditions of employment with co-workers and former co-workers.

Continue Reading Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51).

Continue Reading Good News for Employers: The Federal Arbitration Act Preempts the Prohibition of Mandatory Arbitration Contracts

California Labor Code now guarantees meal and rest breaks for public healthcare workers. In this episode of California Employment NewsMeagan Bainbridge and Katie Collins review the details of the newly added Labor Code Section 512.1 and how it applies to both public healthcare employees and employers.
Continue Reading California Employment News: Public Healthcare Workers Now Get Meal and Rest Breaks

Background

In California, Wage Order 9-2001 applies to “all persons employed in the transportation industry,” including property-carrying commercial truck drivers. (Cal. Code Regs., Tit. 8, § 11090(1).) Under the order, an employee working more than five hours a day is entitled to a “meal period of not less than 30 minutes,” and an employee working more than 10 hours in a day is entitled to “a second meal period of not less than 30 minutes.” (Cal. Code Regs., Tit. 8, § 11090(11)(A),(B).). The Wage Order entitles employees to 10-minute rest breaks for every four hours worked throughout the day. (Cal. Code Regs., Tit. 8, § 11090(12)(A).)
Continue Reading Federal Preemption of California’s Meal and Rest Laws for Truck Drivers Subject to Federal Regulations Applies Retroactively!