NLRB Delays Employee Rights Poster Rule


by Sayema Hameed

The National Labor Relations Board (“NLRB”) has delayed implementation of its rule requiring employers covered by the National Labor Relations Act (“Act”) to post a notice in the workplace advising employees of their rights to organize under the Act.  The poster rule, which was originally scheduled to go into effect on January 31, 2012 and then delayed to April 30, 2012, has been the subject of several lawsuits.  On April 17, 2012, the U.S. Court of Appeals for the District of Columbia Circuit issued an emergency injunction against the poster rule, in National Association of Manufacturers v. NLRB, No. 12-5068.  The Court also ordered briefing and oral argument in September 2012.

California Supreme Court’s Brinker Decision Clarifies Employers’ Obligations Regarding Meal and Rest Breaks


by Sayema Hameed

On April 12, 2012, the California Supreme Court issued its long-anticipated decision in Brinker Restaurant Corporation et al. v. Superior Court (Hohnbaum) (Cal. Sup. Ct. Case No. S166350).  This case concerns a class action for failure to provide meal and rest breaks brought by non-exempt employees against defendant Brinker Restaurant Corporation, which owns and operates restaurants throughout California including Chili’s Grill & Bar and Maggiano’s Little Italy.  The Supreme Court’s decision is important in clarifying an employer’s obligations under California law with respect to providing meal and rest breaks to employees.  In a unanimous decision, the Supreme Court held as follows:

California DLSE Revises Wage Theft Prevention Act Notice and FAQs


by Sayema Hameed

On April 12, 2012, the California Division of Labor Standards Enforcement (DLSE) issued revised FAQs regarding the new California Wage Theft Prevention Act of 2011.  The DLSE also issued a revised Notice template for use by employers.  The Wage Theft Prevention Act of 2011, which adds Section 2810.5 to the California Labor Code, went into effect January 1, 2012.  The law requires all employers to provide non-exempt employees, at the time of hire, a written notice that contains specific employment information.

EEOC Issues Final Rule on “Reasonable Factors Other than Age” Under the ADEA


by Sayema Hameed

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule clarifying an employer’s defense against claims under the Age Discrimination in Employment Act of 1967 (ADEA).  The ADEA prohibits employment discrimination against people who are 40 years of age or older.  In addition to prohibiting intentional discrimination against older workers, the ADEA also prohibits facially neutral policies and practices that have the effect of harming older workers more than younger workers (known as “disparate impact”).  The final rule explains the “Reasonable Factors Other than Age” defense to disparate impact claims under the ADEA.

Reminder: Employee Rights Poster Requirement Effective April 30, 2012


by Sayema Hameed

Effective April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (“Act”).  This notice requirement will apply to most private sector employers (excluding agricultural, railroad, airline, and the US Postal Service).  This rule does not apply to very small employers whose annual volume of business is not large enough to have a more than a slight effect on interstate commerce.  However, the rule does apply to retail businesses (including home construction) that have a gross annual volume of business of $500,000 or more.  The rule also applies to most non-retail businesses with an annual inflow or outflow across state lines of at least $50,000.  Employers can read the final rule, get more information and download the poster free of charge from the National Labor Relations Board website: https://www.nlrb.gov/poster