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California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims

On July 26, 2018, the California Supreme Court issued a long-awaited decision in Troester v. Starbucks Corporation, in which it considered the applicability of the de minimis doctrine to claims for unpaid wages under the California Labor Code. The de minimis doctrine is an application of the legal maxim that “the law does not concern itself with … Continue Reading

Ninth Circuit Broadens California Rule Against Non-Competes

Drafting an effective employment agreement or release has become a challenging endeavor for a new reason. In Golden v. California Emergency Physicians Medical Group, the U.S. Court of Appeals for the Ninth Circuit added another source of concern to those employers who deploy “no re-hire” provisions in releases. Following Golden, a fact-intensive inquiry may be … Continue Reading

Illinois Legislature Passes Major Changes to Illinois Employment Laws

With Adam Braun When the Illinois General Assembly adjourned the 2013 Spring Session on May 31st, it set the stage for substantial changes to Illinois employment law. The General Assembly sent six employment law related bills to Governor Pat Quinn while leaving one major piece of unfinished business on its agenda. Illinois employers should be … Continue Reading

Federal court upholds Arizona’s secret ballot amendment

We’ve been covering constitutional amendments passed in four states that guarantee a secret ballot in all union elections. Shortly after the amendments were enacted, the NLRB challenged Arizona’s amendment in court, arguing that it was preempted by the National Labor Relations Act. The Board brought a facial challenge to the law—which had not yet been … Continue Reading

Maryland may become first state to ban employers from asking applicants and employees for access to their social media accounts

We’ve been following the issue of employers asking applicants and employees for access to their social media accounts. Despite limited data of how widespread this practice is, the issue has attracted national attention due in part to a recent AP story and activism by civil liberties groups. Maryland moved significantly closer to becoming the first … Continue Reading

NLRB adopts controversial amendments to union election case procedures

We’ve been following the NLRB’s proposed amendments to the rules and regulations governing union election cases over the past few weeks. Today, the Board voted 2–1 to adopt the Chairman’s proposed amendments, which significantly limit employer’s rights before the Board. Before, employers had the absolute right to insist on a pre-election hearing to litigate the … Continue Reading
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