It is 6am and I am on my way to the San Francisco Bay Area for a deposition. I stop at my favorite Starbucks for a boost. The barista’s are always helpful and courteous. However, do I really need to be faced with the modern day equivalent of the 1980s TGI Friday’s server? According to one Court I may have to endure that and be the unwitting target of union propaganda at the same time. The good news at least is that a recent federal appeals court held that there will not be more than one pro-union pin on the uniform. So at least my favorite coffee house won’t begin to resemble anyone of a dozen state office buildings, full of workers that look like they are headed to a pin trading convention at Disneyland, rather than another day’s work on behalf of the State’s citizens.
Continue Reading Employee Flare: I Will Have a Venti, Half-Caf., Cappuccino – Hold the Union Propaganda
Labor & Employment
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
Just InTime For St. Patrick’s Day: New ADA Bar Accessibility Requirements Went Into Effect Thursday
By Labor & Employment on
What do you think of when you think about St. Patrick’s Day? Corn Beef, Cabbage, Green Beer, John Wayne’s greatest movie “The Quiet Man”, new governmental regulations for bars and restaurants? WHAT!?!
Continue Reading Just InTime For St. Patrick’s Day: New ADA Bar Accessibility Requirements Went Into Effect Thursday
Make Sure to Review Federal Exemptions When Fighting Class Actions in California: Court Finds Truck Route Drivers’ Break Claims Preempted By FAAAA
By Labor & Employment on
Posted in Wage & Hour
Countless employers have now been faced with class action litigation, making claims for various deviations from the California Labor Code. Many times employers will face these head on with evidence that the claims made by one former employee are not sufficiently common to a substantial number of other past and current employees to merit class action treatment. Other times, employers argue the plaintiff’s allegations don’t demonstrate a uniform set of facts such that the Court would be able to decide a single legal question that would be applicable to an entire class. However, before dealing with these issues head on, California employers should always look beyond our borders to see if Federal law preempts the California Labor Code.
Continue Reading Make Sure to Review Federal Exemptions When Fighting Class Actions in California: Court Finds Truck Route Drivers’ Break Claims Preempted By FAAAA
Say Hello to Your Newest Hiring Manager: The Government!
By Labor & Employment on
Posted in Labor Law
‘Supreme Court’ ordinances hiring mandate…
Continue Reading Say Hello to Your Newest Hiring Manager: The Government!