Brenden Begley_retouchJust in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month.  Whether those government agencies are viewed as Santa or the Grinch coming down workplace chimneys depends upon one’s perspective.

Specifically, the NLRB gave a sugary treat to unions and employees who want union representation by ruling in early December that, under most circumstances, workers must be permitted to use their employers’ email systems for purposes of union-organizing activities.  Then, in mid-December, the NLRB stuffed the stockings of unions and employees who desire union representation by issuing a final rule shortening the time to hold an election to determine whether a majority of workers want to be unionized.

Many employers worry that this speedy-election change, which becomes effective on April 14, 2015, will diminish management’s ability to stage an anti-union campaign prior to voting.  As such, employers who are concerned about unionization likely will focus on year-round anti-union avoidance programs, instead of anti-union campaigns that commence only upon the filing of a representation petition. Continue Reading U.S. Government Agencies: Santa or Grinch?

BethWestBlogThe United States Supreme Court issued its decision in Integrity Staffing Solutions, Ins. v. Busk on December 9, 2014 and reversed the Ninth Circuit Court of Appeal in a much awaited wage and hour decision concerning the issue of “compensable time” under the federal Fair Labor Standards Act (“FLSA”).

The facts of the case are very straight forward.  Integrity Staffing Solutions, Inc. (“Integrity”) required its hourly non-exempt ware­house workers (who retrieved products from warehouse shelves and packaged them for delivery to Amazon.com customers), to undergo a security screening before leaving the warehouse each day.  A number of former employees sued Integrity alleging, in part, that they were entitled to compensation under the FLSA for the roughly 25 minutes each day that they spent waiting to undergo and undergoing those screenings. The employees also alleged that the company could have reduced that time to a de minimis amount by adding screeners or staggering shift terminations and that the screenings were conducted to prevent employee theft and, thus, for the sole benefit of the company and its customers. Continue Reading VICTORY FOR EMPLOYERS…. The U.S. Supreme Court Holds that Employees are Not Entitled to Compensation for Time Spent Going through Employer’s Security Screening

LaborEmpSeminarLogoNOW AVAILABLE – Weintraub Tobin’s 2015 Labor and Employment Seminar and Training Schedule.   Click here for a copy of the schedule.

If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact:

Ramona Carrillo
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814
916.558.6046
rcarrillo@weintraub.com

Print2014  – A Year in Review

2015 – An Interesting Year Ahead

Summary of Program

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

 Sacramento Date:    January 8, 2015

Time:   9:00 a.m. – 12:00 p.m.

Location:  400 Capitol Mall, 11th Floor, Sacramento, CA

San Francisco Date:  January 15, 2015

Time:   9:00 a.m. – 12:00 p.m.

Location:  The Bar Association of San Francisco, 301 Battery Street, San Francisco, CA

Orange County Date: January 22, 2015

Time:   9:00 a.m. – 12:00 p.m.

Location:  Irvine Company Office Properties, 610 Newport Center Drive, Newport Beach, CA

To register for one of these seminars, please RSVP to Ramona Carrillo at rcarrillo@weintraub.com.

Earlier this year, we advised employers that the Bay Area Commuter Benefits Program (“CBP”) was going into effect, beginning September 30, 2014. (Govt.  Code §65081.)  This post provides additional information on the requirements and implementation.

As a reminder, the CBP is now mandatory for  any public, private, or non-profit entity employing an average of 50 or more full-time employees per week within the geographic boundaries of the Bay Area Air Quality Management District (“Air District”) (covering San Francisco, the peninsula, the East Bay, North Bay, and South Bay counties.  (Coverage map: https://mapsengine.google.com/map/viewer?mid=zEtIldN2taQk.kBcuja_KVQNU.)  The CBP is a pilot program, pursuant to state law, in effect only until January 1, 2017, unless extended before that date.

Which Employees Count under the CBP? For purposes of counting full time, paid employees, the following rules apply:

  • Full time employees are those who, within the previous calendar month, worked an average of 30 hours per week;
  • Seasonal/temporary employees who work less than 120 days per year are excluded; and
  • Employees are persons who perform services for monetary compensation and to whom the employer issues or will issue a W-2.

Which Employees Are Entitled to Benefits? Employers must offer the CBP’s benefit to employees who work at least 20 hours of work within the previous calendar month, and are not seasonal/temporary employees.

How Does an Employer Find its Employer ID? Employers should have received a notice to register by mail in early April 2014, but if you did not, there is a link to request an “employer ID” at https://commuterbenefits.511.org/

When Must a Covered Employer Register? All covered employers should have registered by September 30, 2014 (registration is available online at https://commuterbenefits.511.org/).  If you have not registered, the Air District simply advises that employers do so “as soon as possible.”  As of now, there is no express penalty for noncompliance.

What Are the Options? An employer will need to elect one of the four commuter benefit options (pre-tax commute cost exclusion of up to $130 per month), employer subsidy of the cost of commuting (or $75, whichever is greater), employer-provided transit (i.e. low or no cost vanpool, bus, etc.), or alternative commuter benefit (which must be preapproved by the Air District).

What Must an Employer Do to Comply with the CBP? Once a benefit option is selected, you must formally designate a commuter benefits coordinator. This is the person responsible to oversee compliance with the program rules, and report to the Air District/MTC.  Employers should keep records to document compliance and implementation of your commuter benefits program. These records must be made available to the Air District and/or MTC upon request.

What are the Notice Requirements?  The Air District has formal notice requirements which must be provided at the inception of the program and once a year:

Using appropriate means such as email messages, paper memos, in-house newsletters or bulletins, and/or conventional or electronic bulletin boards, the employer shall:

  • Notify all covered employees that the employer is subject to the requirements of the rule;
  • Inform employees as to which of the commuter benefit options the employer will offer;
  • Provide information as to how a covered employee may apply for and receive the commuter benefit;
  • Provide a point of contact within the organization for further information about the commuter benefit; and
  • Provide commuter benefits information as part of the employee benefits package explained to all newly hired employees.

Must Employees Participate? While covered employers are required to offer at least one commuter benefit (or an approved alternative benefit), an employee is not required to participate in the program.

What about Existing Local Commuter Benefits Ordinances? Note that some jurisdictions in the geographic area covered by the CBP require comparable commuter assistance programs: the City and County of San Francisco, San Francisco International Airport, and the cities of Richmond and Berkeley. These programs apply to a lower number of employees than the CBP, so employers already complying with any of these four local jurisdictions’ programs are likely already satisfying the CBP’s requirements.  These employers, however, must still register for the CBP, and indicate which option or options are currently being offered to employees coved by the CBP.

If you have any questions about the CBP or other state or local employment benefits laws, please contact your Weintraub Tobin employment attorney.