Labor Law

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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

Enrollment in the Health Insurance Marketplace is set to begin on October 1, 2013. While many employers believe the requirements of the Patient Protection and Affordable Care Act (ACA) were put off a year for them, many provisions still apply now.

By no later than October 1, 2013, most employers must distribute a notice of coverage options to their employees. For new hires after October 1, 2013, the notice of coverage options must be provided to the employee within 14 days of their start date. This notice form should be added to all new hiring packets.Continue Reading Do You Think The ACA Is Asleep Because The Employer Mandate Was Postponed? Think Again!: Required Employee Notices Soon Due!

By: Lizbeth V. West, Esq.

Governor Brown signed Senate Bill (SB) 462 which places restrictions on an employer’s ability to recoup attorney’s fees when it prevails in an unpaid wage or benefit claim.

Labor Code section 218.5 previously provided that except in certain circumstances, in an action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, a court was to award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action. SB 462 amends section 218.5 to provide that where the prevailing party is the employer, attorney’s fees and costs can only be awarded if the court finds the employee brought the wage and hour action in bad faith.Continue Reading Amendment to the Labor Code Makes it Harder for Employers to Get Attorney’s Fees if They Prevail in an Unpaid Wage or Benefit Claim

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