Labor & Employment Law Blog

In a recent article, the National Labor Relations Board (“NLRB”) reported that during the first six months of 2022, union representation petitions filed at the NLRB increased 58%—up to 1,892 from 1,197 during the first half of 2021.  (https://www.nlrb.gov/news-outreach/news-story/correction-first-three-quarters-union-election-petitions-up-58-exceeding).  The NLRB also reported that in 2021, 52% of petitions filed resulted in a victory for the union as compared to only 46% in 2020.  (https://www.nlrb.gov/reports/nlrb-case-activity-reports/representation-cases/intake/representation-petitions-rc).

The Wage and Hour Division of the United States Department of Labor (the “DOL”) withdrew Sections 779.317 and 779.320 from the Fair Labor Standards Act (“FLSA”) which categorically excluded certain businesses from the retail sales exemption for payment of overtime compensation under Section 7(i). 

On May 7, 2020, Governor Newsom issued Executive Order N-63-20, which allows reprieve for a number of labor-related administrative functions performed by the Division of Labor Standards Enforcement (DLSE), the Division of Workers’ Compensation, and the Division of Occupational Safety and Health (Cal/OSHA).  

In light of recent amendments to SB 1343, the California Department of Fair Employment and Housing (“DFEH”) issued an updated FAQ which sheds light on areas of ambiguity for employers regarding sexual harassment prevention training.   

Effective January 1, 2019, construction workers covered by certain collective bargaining agreements (“CBA”) will be exempt from the Private Attorneys General Act of 2004, commonly referred to as PAGA.