California Gov. Jerry Brown signed into law earlier this month the Workplace Religious Freedom Act, AB 1964, a bill that expands the prohibition against religious discrimination by employers. This new law mandates that workers receive equal protection despite their religious beliefs or appearance while protecting those who wear religious attire. The bill reportedly was numbered after the Civil Rights Act of 1964, a series of federal statutes that were among the first to outlaw employment discrimination in the United States.Continue Reading New Law Requires Rethinking Dress Codes and Religious Accommodations for Employees
New Legislation and Regulations
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!
New California Law Restricts How Long Attorneys Can Question Witnesses in Civil Depositions
Gov. Brown signed AB 1875 on September 17, 2012. The new law essentially brings California civil procedure in line with federal civil procedure and, absent an exception or some other relief by the court, limits depositions to seven (7) hours in length. Continue Reading New California Law Restricts How Long Attorneys Can Question Witnesses in Civil Depositions
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