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 Law
Changes to California’s Wage Garnishment Law
On September 23, 2012 Governor Brown signed Assembly Bill (AB) 1775 which makes changes to California’s Wage Garnishment Law.Continue Reading Changes to California’s Wage Garnishment Law
DO YOUR EMPLOYMENT POLICIES VIOLATE THE NATIONAL LABOR RELATIONS ACT? You’d Be Surprised – But They Very Likely Do!
On September 7, 2012, the National Labor Relations Board (NLRB) issued an opinion in Costco Wholesale Corp. v. NLRB. The case is an important one for all employers (regardless of whether their employees are union or non-union). It deals with the NLRB’s continuing focus on what it believes to be over-reaching employment policies that violate Section 7 and/or 8 of the National Labor Relations Act (NLRA). In fact, in the last 12 months, the NLRB’s Acting General Counsel has issued three reports on the issue. Continue Reading DO YOUR EMPLOYMENT POLICIES VIOLATE THE NATIONAL LABOR RELATIONS ACT? You’d Be Surprised – But They Very Likely Do!
AAAB Seminar: Recent Changes in California Department Law
Weintraub Tobin attorneys Chuck Post and Paul Gaspari invite you to attend the Association of Asian American Bankers seminar “The Moving Target – Recent Changes in California Employment Law” July 17th at America California Bank.
Continue Reading AAAB Seminar: Recent Changes in California Department Law
SCOTUS Hands Employers Huge Health Care Obligations
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