Legal Compliance

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.

A.B. 450, introduced by Assemblyman David Chiu (D-San Francisco), prohibits employers from voluntarily consenting to federal Immigration and Customs Enforcement (ICE) inspections in nonpublic areas of the workplace, unless the agent has a warrant.

The U.S. Department of Justice has begun a criminal investigation into Uber Technologies Inc's use of a software tool that allegedly helped its drivers evade local transportation regulators.

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered Wells Fargo Bank N.A. to compensate and immediately reinstate a former bank manager who lost his job after reporting suspected fraudulent behavior to superiors and a bank ethics hotline.

The U.S. Supreme Court issued a decision in National Labor Relations Board v. SW General Inc., limiting a president's authority to staff certain top government posts.

Representative Steve King (R-Iowa) has introduced the National Right-to-Work Act (H.R. 946), a companion bill to S. 204 introduced last month, which would amend the National Labor Relations Act and the National Railway Act to prohibit labor unions from collecting fees from nonmembers.

20 January 2017

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An employer, Dave's Supermarket, will pay $300,000 to four women to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Unemployment Insurance Code section 1256 (section 1256) disqualifies an employee from receiving unemployment compensation benefits if he or she has been discharged for misconduct.