Search

Search form

Suellen OswaldBlog Posts

See all

California Worker Misclassification Bill Closer to Enactment

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular business. Assembly Bill 5 (AB 5) passed by a vote of 61-16 in the Assembly. Governor Gavin...… Continue Reading The post California Worker Misclassification Bill Closer to Enactment appeared first on California Workplace Law Blog.
September 13, 2019

Talent Software – Perfect Solution or Perfect Storm?

Using talent-finder software to simplify hiring decisions is all the rage. Hiring managers across the country love the idea that one of their most difficult tasks – hiring – can now done through software.  So, what is good and what is risky when using these new hiring tools to evaluate talent? Many job applicants today...… Continue Reading
November 14, 2017

Court Repudiates NLRB’s Award of Attorney’s Fees and Expenses for Their ‘Deterrent Effect’

The United States Circuit Court of Appeals for the District of Columbia has determined that the National Labor Relations Board lacks inherent power and the authority under Section 10(c) of the National Labor Relations Act to order an award of attorneys’ fees and litigation expenses to itself and a labor union. The Board found that … Continue Reading The post Court Repudiates NLRB’s Award of Attorney’s Fees and Expenses for Their ‘Deterrent Effect’ appeared first on Labor & Collective Bargaining.
July 8, 2016

NLRB Member Criticizes Board’s Handbook Rule Review Standard

The legality of employer work rules continues to draw National Labor Relations Board scrutiny on a regular basis. A 2-1 Board panel majority (Members Kent Hirozawa and Lauren McFerran) has found that a hospital’s rules prohibiting employee conduct that “impedes harmonious interactions and relationships” and “negative or disparaging comments about the professional capabilities of employees … Continue Reading The post NLRB Member Criticizes Board’s Handbook Rule Review Standard appeared first on Labor & Collective Bargaining.
May 10, 2016

Late Mail Delivery Turns Out to be Problem [Again] for Mail Ballot Election

The NLRB has ruled that there is a significant difference between an employee’s having the opportunity to vote in an NLRB mail ballot election and his or her vote being counted. In Premier Utility Services, LLC, 363 NLRB No. 159 (Apr. 5, 2016), 101 employees living and working in New York City’s five boroughs were … Continue Reading The post Late Mail Delivery Turns Out to be Problem [Again] for Mail Ballot Election appeared first on Labor & Collective Bargaining.
May 2, 2016

NLRA Protection Accorded Class or “Collective” Action Brought By Single-Employee

The National Labor Relations Board has decided that “a single employee who files a lawsuit ostensibly on behalf of himself and other employees is engaged in protected concerted activity.” (Emphasis provided.) Beyoglu, 362 NLRB No. 152 (July 29, 2015). Marjan (Mario) Arsovski was discharged after he filed a Fair Labor Standards Act collective action lawsuit. … Continue Reading
August 19, 2015