Labor & Employment

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The Affordable Care Act (ACA) has many mandates for both individuals and employers. While the main employer mandate facing certain large employers (the “play or pay” penalty) has been delayed until 2015, the ACA still requires employers who are otherwise covered by the federal Fair Labor Standards Act (FLSA), to provide a notice to their employees by October 1, 2013 explaining the new Health Insurance Marketplace (“Marketplace”).
Continue Reading Employers: Don’t Forget to Provide Your Employees with Timely Notice Under the Affordable Care Act

August 30, 2013 will soon be remembered as the day the current National Labor Relations Board (NLRB) turned a corner and became a full-fledged advertising agency for union organization. On that day, the NLRB announced the release of a free NLRB mobile app for mobile smartphone users. Under the guise of “educating” employees about the National Labor Relations Act (NLRA), this unbalanced app backdoors much of the same NLRB notice-posting propaganda that was proposed, delayed, and ultimately enjoined by a Federal Court last year. Expect this app to be grouped right next to the DOL’s Time Tracking App (downloaded last year), where employees can track their hours and submit alleged violations of the FLSA directly to the DOL’s Wage & Hour Division.
Continue Reading Want to Organize Your Employer? There’s An App for That: NLRB Launches Mobile App to “Educate” Employees About the NLRA

The FSMA is the most extensive change to the U.S. food safety system in more than 70 years. Signed into law in 2011, the FSMA directs the U.S. Food and Drug Administration (FDA) to issue numerous regulations directed toward enhancing food safety and minimize the risk of foodborne illnesses. As with almost every law nowadays, the FSMA contains a whistleblower provision to ostensibly “advance the broad goals” of the new law.
Continue Reading Food and Beverage Companies Beware: New Risks Associated with Whistleblower Protections Under the Food Safety Modernization Act

For years, California’s employers have suspected that the EEOC is not the neutral investigative agency it holds itself out to be. Through the process of dealing with recalcitrant advocates, err investigators, employers know all too well that often times the EEOC seems to be on a mission that is anything but a straight forward fact finding mission. The EEOC’s latest alleged actions further demonstrate that this Federal Governmental Agency may now have fully crossed the Maginot line into the land of openly being one of the many employee side plaintiff’s law firms that dot California’s golden shores.
Continue Reading The EEOC Is Now Officially An Employee Side Employment Law Firm

Join Weintraub Tobin’s attorneys in connection with the California Restaurant Association and Leavitt Group in their Summer Seminar Series for Restaurants where they will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives.

Dates:

Tuesday, July 30, 2013
Claremont Resort, Berkeley, CA

Wednesday, July 31, 2013
Sutter Club,…