In an attempt to gain leverage in settlement negotiations, the NLRB Office of the General Counsel issued a directive that has rocked the franchise world. Days ago, the NLRB Office of the General Counsel determined that McDonald’s USA, LLC, the franchisor, could potentially be held liable for the employment actions of its franchisees under a
Labor Law
WEBINAR: Independent Contractor v. Employee – “Saying It’s So, Doesn’t Make it So”
Summary of Program
The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.
Program Highlights…
DOL Racing California to a Minimum Wage Ceiling: $10.10 Minimum Wage for Federal Contractors via Proposed Rule Implementing Exec. Order 13658
By Alden Parker on
On June 12, 2014, U.S. Secretary of Labor Thomas E. Perez announced a proposed rule raising the minimum wage to $10.10 per hour starting on January 1, 2015, for workers on federal service and construction contracts. The proposed rule implements Executive Order 13658, “Establishing a Minimum Wage for Contractors,” which President Barack Obama signed on
California Class Actions: Great Decision in “Off-The-Clock” Claim
By Alden Parker on
Posted in Labor Law, Wage & Hour
A recent California Court of Appeal upheld the trial court’s order granting defendant’s pre-certification motion for summary judgment against off-the-clock class claims made by the named plaintiff in a putative class action. The case is named Jong v. Kaiser Foundation Health Plan, Inc., Case No. A138725, ___ Cal. App. 4th __, (Cal. App. 1st…
The Dawn of the “Micro-Unit”: NLRB Upholds Petitioned-For “Micro-Unit” at Macy’s Store as Appropriate
By Alden Parker on
Posted in Labor Law, Wage & Hour
In a recent 3-1 decision in Macy’s Inc., the NLRB used its controversial Specialty Healthcare decision in upholding as appropriate a micro bargaining unit of only 41 employees in the cosmetics and fragrances department of a Boston-area Macy’s store. The Micro-Unit excludes all other sales employees at the store, despite there being almost 80…