City of San Diego Implements Minimum Wage and Sick Time Ordinance

  • September 13, 2016

The City of San Diego recently passed a minimum wage and sick time ordinance with an effective date of July 11, 2016. Under the new ordinance, employees who perform at least two hours of work in one work week within the geographic boundaries of the City of San Diego must be paid at least $10.50 per hour for all hours worked within the City’s geographic boundaries. The ordinance also requires that employers provide paid earned sick leave to employees who…

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New Regulations Extend ADA’s Reach

  • September 11, 2016

On October 11, 2016, a Final Rule will go into effect expanding who's covered under the ADA Amendments Act of 2008 ("2008 Act").  Congress's intent in passing the 2008 Act was to re-broaden the scope of the original Americans With Disabilities Act after significant judicial decisions making it more difficult for an individual to establish that he or she has a disability.  The Department of Justice regulations implemented by the Final Rule make several notable revisions to regulations already in…

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NLRB: Student Teaching Assistants Entitled to Unionize

  • September 11, 2016

In a 3-1 decision, the NLRB ruled that student assistants working at private colleges and universities are considered employees under the NLRA and entitled to unionize.  This case springs from an election petition filed in 2014 by the Graduate Workers of Columbia-GWC, UAW.  In Columbia University, 364 NLRB 90 (Aug. 23, 2016) the Board reversed a 2004 decision made by George W. Bush appointees that student teaching assistants were not entitled to the protections of the NLRA.  According to the…

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Recent NLRB Decision Aids Union Organizing Efforts Where Joint Employment is Involved

  • August 5, 2016

On July 11, 2016, the NLRB held in Miller & Anderson, Inc., 364 NLRB 39, that employer consent is not necessary in order to form a collective bargaining unit comprised of both jointly employed employees and solely employed employees of a single user employer.  This case overturns prior NLRB precedent and is favorable to unions and employees who are employed by a joint employer since they no longer need employer consent to form a single bargaining unit in the context…

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Uber Continues to Face Lawsuits over Misclassifying Employees

  • July 6, 2016

Following settlements in California and Massachusetts where drivers objected to being classified as independent contractors, Uber now faces a lawsuit with a putative class of employees from the remaining 48 states. The latest suit, like those in California and Massachusetts, claims drivers are employees entitled to, among other benefits, overtime pay.  The suit also claims that Uber misled customers concerning tips which were not paid to the drivers.  Regardless of the success of the latest suit, important questions are being…

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Accident at Tesla Factory Raises Important Labor Compliance Issues

  • July 6, 2016

A Slovenian man who fell through a roof at the Tesla plant in Fremont, California, suffering multiple injuries, has focused international attention on the B1/B2 visa program. According to the L.A. Times, one use of B1/B2 visas involves allowing foreign workers to enter the United States for up to six months at a time in order to perform specific work for their foreign employer.  In the case of Gregor Lesnick, his visa allowed him to oversee the installation of specified…

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Recent Bills Seek to Amend the Family and Medical Leave Act

  • July 6, 2016

Three new bills that would amend the FMLA if signed into law were introduced on June 16, 2016: Family and Medical Leave Enhancement Act of 2016 (HR 5518)- This bill would amend the FMLA to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities, and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives, and for other purposes.…

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Los Angeles Passes Ordinance to Raise Minimum Wage and Provide Sick Leave

  • July 6, 2016

On June 1, 2016, the Los Angeles City Council passed an ordinance which provides employees working within the City of Los Angeles a slight raise in the minimum wage and 48 hours of paid leave annually. The minimum wage increase raises the minimum wage for employees working within the City of Los Angeles to $10.50 per hour starting July 1, 2016. The minimum wage will further increase to $12.00 per hour on July 1, 2017, and continue to go up…

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Teamsters Ramp up Action to Draw Attention to Conditions at US Foods

  • June 7, 2016

Teamsters at US Foods facilities in Colorado, Michigan, Washington, California, Maryland and other states are fighting hard to draw attention to workers’ rights at US Foods, the country’s second largest foodservice provider.  Teamsters in Severn, Maryland got the ball rolling by beginning an unfair labor practices strike in April 2016.  They argue that US Foods and its private equity ownership interests want to cut wages and benefits by closing the Severn Facility and going non-union.   In late May 2016, over…

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DOL Modifies Overtime Rules

  • June 7, 2016

In May, the Department of Labor published its final rule regarding the exemption requirements for overtime pay under the Fair Labor Standards Act (FLSA).  Under the FLSA, employees previously were exempted from overtime rules if they were full-time, salaried employees who earned at least $23,600 per year.  The final rule increases this threshold salary amount to $47,746 per year and includes escalators that would allow the salary amount to rise with the salaries to the 40th percentile of full-time, salaried…

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