Items filtered by date: December 2017

In a 3-2 decision, the National Labor Relations Board has overruled the Board’s 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and returned to the pre–Browning Ferris standard that governed joint-employer liability.  

 

Therefore, in all future and pending cases, two or more entities will be deemed joint employers under the National Labor Relations Act (NLRA) if there is proof that one entity has exercised control over essential employment terms of another entity’s employees (rather than merely having reserved the right to exercise control) and has done so directly and immediately (rather than indirectly) in a manner that is not limited and routine.

AB 908, which takes effect January 1, 2018, makes two major changes to the SDI and PFL programs:

The U.S. Department of Labor (DOL) is providing the public with more time to comment on its proposal to roll back an Obama-era rule that bans employers from pooling workers’ tips, following requests from House Democrats and worker advocates.

Smoke from wildfires contains chemicals, gases, and fine particles that can harm health.

The California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), recently published updated guidance/FAQs on employer provided paid 10-minute rest breaks.

The Santa Monica City Attorney’s Office announced that JW Marriott LA Boutique Gift Shop (“LA Boutique”), a local hotel-based retail business, has been convicted of a misdemeanor for allegedly failing to pay numerous employees their Santa Monica minimum wage and retaliating against an employee who attempted to exercise her minimum wage rights. This is the first conviction under the City of Santa Monica’s Minimum Wage Ordinance.

 

Prior to referring the case to the City Attorney’s Office, the Los Angeles County Department of Consumer & Business Affairs – contracted as the Wage Enforcement Division of the City – received numerous complaints from LA Boutique’s employees regarding wage violations and undertook a multi-month investigation. According, to the City of Santa Monica, no employee at LA Boutique was being paid the Santa Monica minimum wage, and when one employee asserted her rights under the City’s wage laws, she was terminated.

 

On November 21, 2017, City Prosecutor Melanie Skehar took the “no contest” plea of the owner of LA Boutique to three misdemeanor counts of failing to pay employees the City of Santa Monica minimum wage and one misdemeanor count of unlawful retaliation against an employee for exercising rights protected by the City’s minimum wage laws. Under a plea agreement with the City Attorney’s Office, the owner was placed on 36 months of probation and ordered to:

 

  • Pay approximately $11,000 in back wages to all affected employees. 
  • Pay approximately $3,000 in investigative costs to the City.
  • Perform 150 hours of community services.
  • Comply with all applicable laws, including the City’s minimum wage laws.

 

“This is a positive and fair result,” said Chief Deputy City Attorney Yibin Shen. “It is paramount in each of our wage enforcement cases that the affected employees receive full restitution for their back wages and that the employer is educated about the City’s wage laws. This prosecution successfully achieved both results.”

“The Santa Monica City Council reaffirmed its longstanding commitment toward combating growing income inequality and improving the welfare of the City’s workers when it adopted the City’s landmark minimum wage law last year,” said Shen. “I am pleased that the City’s prosecutorial team, in cooperation with our Los Angeles County Wage Enforcement partners, successfully prosecuted this case. Of course, there is much more work to be done.” Read more here.

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