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Class Action Waivers Are Lawful, Says United States Supreme Court

Brody and Associates, LLC • July 20, 2018
The United States Supreme Court has spoken – class and collective action waivers are lawful. The Court’s May 21 decision overturns the National Labor Relations Board’s (NLRB) position that these waivers violate employee rights and resolves a split among federal appellate courts. Employers should run, not walk, and include such provisions in their respective employment agreements!

Top Five Labor Law Developments for June 2018

Jackson Lewis P.C. • July 20, 2018
Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31, No. 16-1466 (June 27, 2018).

DOL Revokes Obama-era "Persuader Rule"

XpertHR • July 20, 2018
The Department of Labor DOL) has rescinded a rule that would have greatly expanded the types of activity an employer must report under the Labor Management Reporting and Disclosure Act (LMRDA). The "Persuader Rule" is the latest Obama-era rule to be reversed by the Trump administration.

No Meal Break Violation Where Employees Are Incentivized to Stay Onsite Through Offer of Discounted Meal

Carothers DiSante & Freudenberger LLP • July 20, 2018
Today, the Ninth Circuit issued its opinion in Rodriguez v. Taco Bell Corp., upholding the district court’s grant of summary judgment in favor of Taco Bell on class claims for alleged meal break violations. In this case, Taco Bell authorized and permitted employees to take meal breaks during which they were relieved of duty and free to leave the premises. However, Taco Bell offered employees the option of purchasing a discounted meal at Taco Bell, in which case they had to remain on site to eat it (in order to prevent theft/abuse associated with employees bringing discounted food to third parties outside the restaurant). Because no good deed ever goes unpunished in California, a class action lawsuit was filed against Taco Bell alleging that their practices violated California law by denying employees lawful meal breaks.

State Court Concludes ABC Test Should Be Applied Retroactively

Fisher Phillips • July 20, 2018
You remember the game-changing, earth-shattering, monumental decision from the California Supreme Court a few months ago that fundamentally changes the test to determine whether your workers are independent contractors or employees, don’t you? For those who had put it out of their minds hoping it was all just a nightmare, here’s the quick summary: rather than applying a balancing test that took into a number of factors, the California Supreme Court said that hiring entities need to prove that all of their workers satisfy the “ABC test” in order to properly classify them as employees. The test appears notoriously difficult to overcome, especially because Prong B of the test requires you to prove that the worker is performing work outside the usual course of your business. We’ve written about this test extensively; you can read more about it here.

Navigating the Legalization of Marijuana in Massachusetts: What Employers Need to Know

Ogletree Deakins • July 20, 2018
Massachusetts voters legalized recreational marijuana through a ballot referendum in 2016. As of July 1, 2018, retail marijuana stores are now permitted to operate in the state. The law allows cities and towns to exercise local control to ban or limit marijuana dispensaries, which are now opening in various locations around the state.
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