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NLRB Overturns Precedent on Employer Work Rules

Carothers DiSante & Freudenberger LLP • December 15, 2017
Earlier today, the Trump NLRB, in a 3-2 decision, issued its most significant decision yet. The Board overturned prior Board precedent established in Lutheran Heritage, 343 NLRB 646 (2004) regarding work rules and potential interference with section 7 rights. The Trump NLRB reached its decision in Boeing Co. and Society of Prof. Eng. Employees Local 2001, establishing a new standard while noting, “Paradoxically, Lutheran Heritage is too simplistic at the same time it is too difficult to apply . . . produc[ing] rampant confusion for employers.”

Labor Board Overrules Unworkable Joint-Employer Test

Fisher Phillips • December 15, 2017
The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining joint-employer status. Starting at once, the Board will follow the traditional common law principles requiring a finding of direct and immediate control in order to find that two entities are joint employers.

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules

Fisher Phillips • December 15, 2017
The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant decisions this week, taking square-aim at controversial doctrines developed during the past eight years. One target in its sights: the Board’s interpretation of Lutheran Heritage, the seminal 2004 decision involving workplace civility rules.

Cal/OSHA Increases Citations on Adequacy of Employers’ First Aid Kits

Ogletree Deakins • December 15, 2017
California employers have recently seen an increase in the number of citations issued by the California Division of Occupational Safety and Health (Cal/OSHA) for violations of a General Industry Safety Order requiring that employers’ first aid materials be approved by a consulting physician. Specifically, California Code of Regulations, Title 8, Section 3400 (c) states, in pertinent part, “There shall be adequate first-aid materials, approved by the consulting physician, readily available for employees on every job.” (Emphasis added.)

California Wildfires Spark Cal/OSHA Advisory Notice

Ogletree Deakins • December 15, 2017
The California Division of Occupational Safety and Health (Cal/OSHA) recently posted an advisory notice regarding the wildfires that have been afflicting Southern California.

New Year, New Laws: 2018 California Employment Roundup

Vedder Price • December 14, 2017
California employers will be ringing in the new year with additional and expanded legal obligations. Laws taking effect January 1 include:
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