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Teamsters Take Aim at Browning-Ferris Successor While Congress Entertains Legislative Roll Back Efforts

Jackson Lewis P.C. • October 13, 2015
In a previous post, we reported on Browning-Ferris Industries of California Inc., 362 NLRB No. 186 (2015), a landmark National Labor Relations Board decision that established a new “test” for the NLRB to apply when determining joint employer status under the National Labor Relations Act.

Five New State Noncompete Laws Affecting Your Employment Contracts

XpertHR • October 13, 2015
State legislatures have had a very active 2015, passing several laws that affect the enforceability of noncompete agreements. Employers need to be aware of these laws; otherwise their noncompete agreements may not be valid and could expose them to unwanted competition. Here are five new state laws employers need to know about to ensure that their contracts are up to date and in compliance.

Ninth Circuit Rules in O’Bannon Case that Some of the NCAA Compensation Rules are Unlawful Restraints of Trade

Franczek Radelet P.C • October 13, 2015
On September 30, 2015, the Ninth Circuit Court of Appeals affirmed, in part, a district court’s ruling that some of the National Collegiate Athletic Association’s (NCAA) compensation rules were unlawful restraints on trade in violation of the Sherman Antitrust Act. Section 1 of the Sherman Act prohibits “[e]very contract, combination…, or conspiracy, in restraint of trade or commerce.” The NCAA prohibits student-athletes from being compensated for the use of their “names, images, and likenesses” (NILs). After a bench trial, the district court concluded that these compensation rules were an unlawful restraint on trade and enjoined the NCAA from prohibiting its member schools from giving student-athletes scholarships or grants up to the full cost of attendance (as opposed to only the full cost of tuition) at their respective schools, and up to $5,000 annually in deferred compensation, to be held in a trust for the student-athlete until after they leave school.

Health Care Workers Allowed to Waive Meal Period

Jackson Lewis P.C. • October 13, 2015
On October 5, 2015, Governor Jerry Brown signed into law a bill confirming that employees in the health care industry can waive one of their two meal periods when working a shift of over eight hours in a workday. This law clarifies confusion caused by a recently decided appellate case, Gerard v. Orange Coast Memorial Medical Center, 234 Cal.App.4th 285 (C.A. 4th, 2015) (review granted). The Gerard case is currently under review by the California Supreme Court.

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler Mendelson, P.C. • October 13, 2015
Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable deluge of new employment laws for the state’s private sector employees?

California Governor Signs AB 1513, Severely Limiting Piece-Rate Compensation but Throwing a Liability Life Raft to Employers

Littler Mendelson, P.C. • October 13, 2015
On October 10, 2015, Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payment of a separate hourly wage for “nonproductive” time worked by piece-rate employees, and separate payment for rest and recovery periods to those employees.

Change in Georgia’s First Offender Act Facilitating Employment to be Applied Retroactively

Jackson Lewis P.C. • October 13, 2015
Legislation overhauling Georgia’s probation system also affects Georgia’s First Offender Act (“GFOA”) (O.C.G.A. § 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.

D.C. Council Considering 16-Week Employee Paid Leave Bill

Jackson Lewis P.C. • October 13, 2015
The Council of the District of Columbia is considering legislation that would give all D.C. residents and those employed in the District up to 16 weeks of paid family and medical leave every 24 months for certain qualifying life events, including bonding with a new child, recuperating from a military deployment, and caring for an ill family member. If passed, the bill would offer D.C. residents and workers the most generous paid leave in the country.
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