Tag Archives: labor law

Every Minute Counts: Should Californian Employers Record Every Minute Worked?

In July, the California Supreme Court issued its opinion in Troester v. Starbucks Corp., holding that the federal wage laws that excuse companies from paying workers for de minimis work, i.e. small amounts of time that are difficult to record, do not apply under the California wage and hour standards. The de minimis rule has … Continue Reading

NLRB’s Handbook on Handbooks

As we all know, the NLRB has been working hard in recent years to expand its reach beyond the union workforce – striving to make its decisions and guidance just as relevant to the non-union employer in an age where unions are on the decline.  Recent NLRB decisions have found employers liable for unfair labor … Continue Reading

No Such Thing as “No Harm, No Foul”?

Everybody knows that an activist National Labor Relations Board (NLRB) expects a lot of all employers nowadays, union and non-union. One of the areas under the greatest NLRB scrutiny are time-honored, well-worn policies that have existed in employee handbooks for years:  don’t disparage your employer; don’t say anything damaging about the company; don’t harm the … Continue Reading

NLRB “Deletes” Company E-Mail From an Employer’s Property Rights

If you think an employer has an absolute right to control its own email systems, think again – at least according to the National Labor Relations Board. On December 11, 2014, the NLRB declared that employees may generally use their employers’ email for union organizing purposes – and that employers who generally prohibit employees from … Continue Reading