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September 14, 2015

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning. It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.

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September 10, 2015

Bill Seeks to Overturn NLRB's New Joint Employment Standard

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris.

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September 10, 2015

Second Circuit Rules Internal Whistleblowers Are Protected Under Dodd-Frank

The Second Circuit created a federal appellate split when it revived a Dodd-Frank Act retaliation claim by an ex-employee who only reported his claims of accounting fraud internally before he was terminated.

Insight
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September 9, 2015

Appeals Court Upholds Board Finding of Failure to Bargain over Job Relocation

The D.C. Circuit recently enforced the NLRB's order holding that an automotive dealership had violated Sections 8(a)(5) and 8(a)(1) of the NLRA by failing to bargain with the union about the effects of the relocation of a group of mechanics.

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September 9, 2015

Board Extends Micro-Unit Union Organizing One Step Further

In DPI Secuprint, Inc., the NLRB determined that a union can organize a group of workers while excluding some of the targeted group's co-workers who are part of a single, functionally-integrated production process.

Insight
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September 9, 2015

The Advent of Privately Developed Corporate Human Rights Reporting Frameworks

The United Nations' adoption in 2011 of the UN Guiding Principles on Business and Human Rights signified a growing consensus that corporate entities have a responsibility to account for their operations' impact on human rights.

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September 8, 2015

President Signs Executive Order Mandating Paid Sick Leave for Federal Contractors, says DOL Final Rule on Contractor Pay Transparency is Imminent

The latest in a string of presidential actions targeting employers that do business with the federal government is a new Executive Order that will require federal contractors to provide their employers with paid sick leave.

Insight
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September 4, 2015

As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

The NLRB recently held that, like most other terms and conditions of employment, an employer’s obligation to check off union dues continues after expiration of a collective bargaining agreement that contains such a provision.

Insight
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September 3, 2015

Fifth Circuit Rules on Tip Pooling

The Fifth Circuit was recently presented with what may seem like an easy issue: does including a “coffeeman” in a tip pool invalidate the tip credit?

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September 2, 2015

NLRB's General Counsel Skips Regulatory Process to Allow Unions to Use Electronic Signatures on Election Petitions

On September 1, 2015, the NLRB's General Counsel issued a guidance memorandum on electronic signatures to support a showing of interest related to a union petition.

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