On September 7, 2012, the National Labor Relations Board (NLRB) issued an opinion in Costco Wholesale Corp. v. NLRB. The case is an important one for all employers (regardless of whether their employees are union or non-union). It deals with the NLRB’s continuing focus on what it believes to be over-reaching employment policies that violate Section 7 and/or 8 of the National Labor Relations Act (NLRA). In fact, in the last 12 months, the NLRB’s Acting General Counsel has issued three reports on the issue. Continue Reading DO YOUR EMPLOYMENT POLICIES VIOLATE THE NATIONAL LABOR RELATIONS ACT? You’d Be Surprised – But They Very Likely Do!
Labor Law
AAAB Seminar: Recent Changes in California Department Law
By Leslie DuFresne on
Posted in Labor Law
Weintraub Tobin attorneys Chuck Post and Paul Gaspari invite you to attend the Association of Asian American Bankers seminar “The Moving Target – Recent Changes in California Employment Law” July 17th at America California Bank.
Continue Reading AAAB Seminar: Recent Changes in California Department Law
SCOTUS Hands Employers Huge Health Care Obligations
By Labor & Employment on
Posted in Labor Law, New Legislation and Regulations
Yesterday, the Supreme Court of the United States ruled that the Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 is constitutional. The decision came down in the cases entitled, National Federation of Independent Business et al. v. Sebelius, No. 11-393 (June 28, 2012), Department of Health and Human Services et al. v. Florida et al., No. 11-398, and Florida et al. v. Department of Health and Human Services et al., No. 11-400). There, the 5 to 4 majority decided that the law is constitutional as an exercise of Congress’ power to tax, despite the congressional record stating it is not a tax. In California, where statutes that say “penalty” are later determined by courts to be “wages” these types of word games come as no surprise.
Continue Reading SCOTUS Hands Employers Huge Health Care Obligations
Partnerships Beware! Partners May Have Claims for Unlawful Retaliation under FEHA
By Ramona Carrillo on
By: James Kachmar
On May 16, 2012, a California Appellate Court issued its ruling in Fitzsimons v. California Emergency Physicians Medical Group and held that a partner could state a claim for unlawful retaliation against her partnership under the California Fair Employment and Housing Act (“FEHA”). Continue Reading Partnerships Beware! Partners May Have Claims for Unlawful Retaliation under FEHA
Is Compliance with an Attendance Policy an Essential Function of the Job? The Ninth Circuit says “Yes!”
Attendance at work seems like an obvious requirement to keep a job, right? The unfortunate answer often given by lawyers to that question is, “it depends.” In the employee-friendly state of California, permitting telecommuting or exemptions to an attendance policy may be a reasonable accommodation if a person has a disability. However, recently, the Ninth Circuit Court of Appeals confirmed that predictable attendance can be an essential function of certain jobs; in this case, the job of a neo-natal intensive care unit (“NICU”) nurse.Continue Reading Is Compliance with an Attendance Policy an Essential Function of the Job? The Ninth Circuit says “Yes!”