By:       Lizbeth (“Beth”) West, Esq. 

As I wrote in my November 16, 2011 post entitled “Non-Union Employers Beware: You Are Likely Required to Post the NLRB’s New “Employee Rights” Poster,” on August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”). The implementation date was originally set for November 14, 2011. However, due to a number of lawsuits challenging the rule, the implementation date was delayed and the NLRB announced that the rule would not go into effect until January 31, 2012. 

Continue Reading NLRB Delays Deadline for Employers To Post its Notice to Employees Re: Rights to Unionize

By:      Lizbeth (“Beth”) V. West, Esq.

In October 2011, Governor Brown signed AB 469 – the “California Wage Theft Prevention Act of 2011” (the “Act”). The Act created Labor Code section 2810.5(a) which, as of January 1, 2012, requires employers to provide some new employees at the time of hire with a written notice that details their rate of pay, employer name and address, workers’ compensation carrier, and other information specified in the Act. The Act also instructed the DLSE to create a model notice that employers can use.

Continue Reading California’s Department of Labor Standards Enforcement (DLSE) Has Issued Its Model Notice to Employees Under AB 469

By:       Brendan J. Begley

‘Twas the week before Christmas

And all through the land

Holiday parties served up claims

Fist over hand

The averments were stated

In legal pleadings with care

In hopes that generous jurors

Soon would be there

The lawyers were nestled

Smugly in stuffed chairs

With clients alleging

Unwelcomed gropes and stares

Continue Reading Workplace Holiday Parties

By:       Scott M. Plamondon

UPDATED 12/21/2011: Based on the date on which the case was submitted at oral argument, the California Supreme Court was required to render a decision in this matter on or before February 6, 2012. On December 2, 2011, however, the Supreme Court agreed to accept additional briefing regarding whether its decision will be applied retroactively. The additional briefing likely will cause the Court’s decision to be delayed. Based on the current briefing schedule it appears that we could be waiting for a decision until April 2012.

Original Post:  

On November 8, 2011, the California Supreme Court heard oral argument in Brinker Restaurant Corp. v. Superior Court of San Diego County (“Brinker”). As you probably know, the Brinker case has been pending before the California Supreme Court since October 22, 2008. Now, by hearing oral argument on this case, the California Supreme Court has effectively signaled that it will publish a decision within the next 90 days.

Continue Reading UPDATED! Brinker: The Wait Is Almost Over

laborDriving across the San Francisco Bay Bridge still provides one of the most beautiful views of any City I have seen in the United States. However, once off the bridge, you witness business owners besieged by a Frankenstein type laboratory of unfriendly employment laws. There is little doubt in my mind that, but for the view from the bridge, San Francisco would be Barstow, with nary a business in sight due to anti-employer laws. While these awful employment laws are good news for surrounding employer friendly counties, such as San Mateo, Santa Clara, Marin, and Contra Costa, we must remain vigilant to ensure these toxins do not get dumped in the Bay to spread like the plaque they are.

Continue Reading San Francisco: Incubator for Bad Employment Laws