Publications
-
11.27.2023NLRB and OSHA’s New MOU Will Increase Interagency Cooperation and CoordinationUpdatesThe National Labor Relations Board and Occupational Safety and Health Administration executed a Memorandum of Understanding on October 31, 2023, that will help facilitate interagency coordination and cooperation.
-
08.21.2023Update: NLRB General Counsel Opines Noncompete Agreements May Violate the National Labor Relations ActPodcastsThe National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo recently issued a memorandum, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances.
-
2017 - PresentBusiness & Legal ResourcesLawyer Publications
Author of a print and online publication focusing on developments in Ninth Circuit employment law.
-
05.22.2019Washington State Adopts Game-Changing Noncompetition RestrictionsUpdatesAs expected, Governor Jay Inslee signed legislation that will significantly restrict the use of noncompetition agreements for Washington-based employees and independent contractors.
-
04.22.2019Washington State Poised to Impose Significant Restrictions on Noncompetition AgreementsUpdatesLast week, the Washington State Legislature passed a proposal that, once signed into law, will significantly restrict the use of noncompetition agreements in Washington.
-
03.06.2019Reminder of Steps Employers Must Take When Requesting Credit or Background ReportsUpdatesThe federal Fair Credit Reporting Act (FCRA) applies to employers who obtain “consumer reports” from a “consumer reporting agency” for employment purposes.
-
06.29.2018Supreme Court Shoots Down Forced Agency Fees for Public Sector Union WorkersUpdatesThe U.S. Supreme Court this week overruled longstanding precedent to hold that public-sector unions may no longer extract agency fees from nonconsenting employees who have opted not to join a union.
-
05.08.2018New Washington Laws on Equal Pay and Sexual Harassment NDAs Become Effective in JuneUpdatesThe Washington Equal Pay Opportunity Act will go into effect on June 7, 2018. House Bill 1506, signed by Governor Jay Inslee on March 21, 2018, amends the Washington Equal Pay Act, RCW 49.12.175, to “address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of all workers in Washington state.” This statute goes beyond federal equal pay legislation by providing additional protections for employees and imposing restrictions on employers. An employer who discriminates based on gender in providing compensation is guilty of a misdemeanor.
-
02.13.2018FAQs on Washington’s New Paid Sick and Safe Time Requirements Effective NowUpdatesThe state of Washington’s new paid sick and safe time requirements became effective January 1, 2018.
-
01.12.2018National Labor Relations Board Reverses Course on Joint Employer TestUpdatesThe National Labor Relations Board issued a decision relating to the test for joint employment under the National Labor Relations Act.
-
03.13.2017Unions Continue Their Organizing Success in Silicon ValleyUpdatesIn addition to championing greater employee and workplace protections via ballot measures and city ordinances in Santa Clara County, California, several unions have set their eyes on the employees of the private companies that provide services to Silicon Valley’s high-tech campuses.
-
09.20.2016Seattle’s New Secure Scheduling OrdinanceUpdatesThe Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016.
-
06.30.2016New Labor “Persuader” Reporting Requirements, Status in FluxUpdatesA federal judge in Texas has issued a nationwide injunction against the new labor “persuader” reporting requirements that were due to take effect on July 1, 2016.
-
03.29.2016California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage ClaimsUpdatesAlthough some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability.
-
02.25.2016Ninth Circuit Rules Tip Pooling Arrangements That Share Tips With Employees Who Do Not Normally Receive Tips Violate Federal LawUpdates
In a game-changing event, on February 23, 2016, the U.S. Court of Appeals for the Ninth Circuit in a 2-1 decision ruled that it is a violation of federal law for an employer to use a tip-pooling arrangement that shares tips with normally non-tipped employees, such as kitchen workers or supervisors, even when the employer does not take advantage of the minimum wage “tip credit” permitted by the federal Fair Labor Standards Act (FLSA).
-
08.31.2015NLRB’s Expanded “Joint Employers” Test: The Employers’ PerspectiveUpdatesThe decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a group of workers.
-
05.18.2015Employer Impact of New NLRB “Quickie Election” RulesUpdatesThe new election rules adopted by the National Labor Relations Board (NLRB) went into effect on April 14, 2015, and will apply to all requests for elections filed after that date. The new rules significantly speed up the scheduling of an election when a union files a petition seeking to represent a group of employees.
-
11.21.2013Don’t Let Your Super Sale Become a Violent StampedeUpdatesEarlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail associations about the need to take precautions to prevent employee injuries during major sales events.
-
08.06.2013Do Your Confidentiality Policies Pass NLRB's Expanding Standards?UpdatesThe National Labor Relations Board, the agency that enforces federal labor law, continues to challenge employer policies that seek to impose confidentiality constraints on employees. This is unlikely to change now that the Senate has confirmed President Obama’s nominations for all five members, bringing the NLRB to full strength for the first time in years.
-
04.18.2013Supreme Court Rules FLSA Collective Action Is Moot When the Individual Plaintiff's Claims Are Resolved Before CertificationUpdatesOn April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the case is moot and must be dismissed. Genesis Healthcare Corp v. Symczyk, No. 11-1059 (U.S. 2013).
-
04.04.2013Concerns About Databases of Retail Employee TheftsUpdatesOn April 3, 2013, the New York Times published an article about commercial databases that contain reports from retail employers about employees who were accused of stealing from their workplaces.
-
03.11.2013Employers Must Use New I-9 Forms No Later Than May 8, 2013UpdatesLast Friday, March 8th, the Department of Homeland Security, U.S. Citizenship and Immigration Services, adopted a new I-9 Form that must be used by all employers (and some other entities), starting no later than May 8, 2013—two months after the new requirement was published in the Federal Register. A copy of the announcement can be found here.
-
01.28.2013National Labor Relations Board Issues Decisions Important to All Private Sector EmployersUpdates
In the waning days of 2012, the National Labor Relations Board (NLRB) issued several game-changing decisions that are important to all private sector employers—both union and nonunion.
-
12.20.2012California Law Soon To Require Written Contracts For Employees Paid On Commission (AB 1396; Cal. Labor Code § 2751)UpdatesOn January 1, 2013, all employers with employees in California who are paid by commission will be required to have written contracts with those employees. This law is a significant departure from the previous law, which only required employers based outside of California to have written contracts with their commissioned employees.
-
10.25.2012Missed Rest Breaks May Generate Overtime Compensation in WashingtonUpdatesThe Washington Supreme Court has just issued its unanimous decision in the Washington State Nurses Association case. The court concluded that when a full-time employee (working 40 hours a week) works through a paid rest break, the employee is entitled to overtime pay on top of his or her regular pay.
-
08.16.2012Making a List, Checking It Twice: Are Santa and His Elves Your Employees? (This and other wage-hour issues to consider during the holidays.)UpdatesIn the holiday rush, it's easy to overlook wage-hour issues. This Wrapping Paper discusses common ones to which you should be alerted.
-
08.09.2012Washington Supreme Court Explains Independent Contractor Test Under the State’s Minimum Wage ActUpdatesDetermining whether a worker is an independent contractor or an employee is important for a number of reasons, including: employee benefits, wage-and-hour laws, discrimination laws, payroll taxes and liability to third parties. Historically, a number of different tests have been applied to distinguish between employees and independent contractors. Recently the Washington Supreme Court held that the “economic realities” test used under the federal Fair Labor Standards Act also applies to cases brought under the Washington Minimum Wage Act.
-
08.07.2012Potential New Trap for Unwary Employers: The National Labor Relations Board Rules that it is Illegal to Routinely Instruct Complaining Employees Not to Discuss Their Complaints with Coworkers Pending Completion of the InvestigationUpdatesThe National Labor Relations Act ('the Act') is the federal law designed to protect employees engaged in union and other concerted activities. But these protections do not just apply to unionized employees - they extend to virtually all private sector employees, unionized or not. One of the rights the Act protects is an employee's right to discuss matters of common interest such as wages and working conditions. An employer therefore commits an unfair labor practice if it prohibits or interferes with those discussions.
-
07.16.2012Modest Overtime Dispute Leads to A Half-Million-Dollar JudgmentUpdatesA recent decision illustrates the dangers of even a modest wage-hour claim under Washington law. A $12,000 overtime dispute turned into a bill for over $500,000 before the costs of appeal. According to the decision, an employee was incorrectly classified as an "administrative" employee exempt from Washington's overtime requirements. He was awarded $12,000 for his unpaid overtime.
-
05.10.2012California Supreme Court Holds Employees Not Entitled to Attorneys' Fees for Meal & Rest Period ClaimsUpdatesIn a decision that represents more good news for employers doing business in California, the California Supreme Court recently held that employees may not recover attorneys' fees for meal and rest period claims.
-
04.17.2012NLRB Poster PostponedUpdatesThe new employee poster requirement adopted by the National Labor Relations Board, that was scheduled to take effect on April 30, 2012, has been postponed by the Court of Appeals in Washington, D.C. pending consideration of an appeal from the decision of the lower court upholding the requirement.
-
03.06.2012Court Upholds New Labor Law Poster Requirement; NLRB Posters Must Be Displayed Starting April 30UpdatesA federal court in Washington, D.C., upheld the new rule adopted by the National Labor Relations Board that requires virtually all private sector employers to post large official notices informing employees of their rights under the National Labor Relations Act.
-
01.09.2012NLRB Says Arbitration Agreements That Waive Class Actions Are IllegalUpdatesLast Friday, the National Labor Relations Board issued its decision in D.R. Horton, Inc., concluding that private arbitration agreements that require employees to waive their right to pursue class actions are illegal because they interfere with the employees' rights to engage in collective activities protected by federal labor law.
-
12.22.2011New NLRB Rule Will Speed Up Union Elections and Make It More Difficult for Employers to Contest ThemUpdatesOn December 21, 2011, the National Labor Relations Board (NLRB) announced new rules that will make it significantly easier for unions to win NLRB elections.
-
12.13.2011Commonplace Employer Policies Are UnlawfulUpdatesThe National Labor Relations Board (NLRB) continues to find garden-variety employer policies to be unlawful because they restrict or interfere with employee rights protected by federal labor law.
-
11.08.2011Washington Employees Are Entitled to Additional Pay When They Work During an Already Paid Meal BreakUpdatesThe Washington Court of Appeals has just released its decision in Pellino v. Brink's Inc., concerning Washington's meal and rest breaks requirements.
-
10.07.2011New Labor Law Poster Requirement Should Prompt Employers to Review Their Union Prevention PlansUpdatesOn August 30, the National Labor Relations Board NLRB published new rules that require virtually all private sector employers to post notices informing employees of their rights under the National Labor Relations Act—the federal law that protects employees who engage in union and other concerted activities.
-
03.24.2011Supreme Court Holds that FLSA Retaliation Claim Can Be Based on Oral ComplaintUpdatesOn March 22, 2011, the U.S. Supreme Court decided that an employee’s complaint alleging violations of the federal Fair Labor Standard Act ("FLSA") need not be in writing to count as “protected activity” for purposes of an FLSA retaliation claim; an oral complaint will suffice. The court did not, however, decide the related question of whether complaints to private employers, as opposed to government agencies, constitute protected activity under the FLSA. Kasten v. Saint-Gorbain Performance Plastics Corp., No. 09-834 (U.S. Mar. 22, 2011).
-
03.08.2011Federal Labor Law Protects Nonunion EmployeesUpdatesThis well-established principle surprises many nonunion employers who mistakenly think that the federal law protecting union activities, the National Labor Relations Act ("NLRA"), does not apply to them. The reality is that the NLRA protects nonunion employees in exactly the same way it protects employees engaged in union activities.
-
11.15.2010Employer Accused of Violating Federal Labor Law by Discharging an Employee for Bashing Her Boss on FacebookUpdatesRecent news reports that the National Labor Relations Board has accused an employer of violating federal labor law when it discharged an employee for bad-mouthing her boss on her Facebook page is a timely reminder that most employees have extensive protection under federal law, whether or not they are represented by a union.
Presentations
-
06.25.20152015 Employment Law WorkshopSeminarsTopics discussed include recent NLRB rulings, guidelines for employee handbooks, wage and hour and leave and accommodation issues and a general update on the latest employment law developments.