When unions form on the foundation of unfair labor practices, they can present significant challenges to legitimate businesses. In California, employers have the right to maintain control over their workplace while adhering to state labor laws. Discouraging a union...
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Unfair Labor Practice Defense
When is employee termination an example of retaliation?
In California, employers must follow strict rules when terminating employees. Sometimes, an employer may fire an employee for reasons that seem unfair or illegal. One such illegal reason is retaliation. Retaliation happens when an employer punishes an employee for...
4 issues that increase the risk of unfair labor complaints
As a California employer, you’re obligated to ensure safety in the workplace for your employees. In most cases, you must also purchase workers’ compensation insurance to provide benefits to workers who are eligible following on-the-job injuries. Another employer...
How should employers be assisting deaf employees?
Employers in every field and industry have the responsibility of protecting the rights of their employees and providing reasonable accommodations when necessary. This is especially true for companies that employ deaf or hard-of-hearing individuals. It is beneficial to...
What California employers should know about the new Miscarriage Law
Many employers may take every possible measure to promote compliance with all employment and labor laws. However, as these laws may be subject to constant change, staying up to date on such topics can seem a daunting task, but this can also be integral to protecting...
Employer liability for labor law violations is expanding
Employees have the right to expect to be able to do their jobs in an environment that is safe, productive and compliant with state and federal labor laws. Failure to adhere to these regulations can result in problems for employees, including inaccurate pay, employee...
No More Election Do-Overs: Employers Will Be Subject to Orders to Engage in Collective Bargaining with the Union
In 2022, the media were reporting on the record-setting popularity of labor unions. Channels like Vox reported that labor unions were winning nearly two-thirds of their elections. Simultaneously, the nation saw a sharp spike in labor strikes. Recently, NPR offered a...
What does a “reasonable accommodation” really mean?
Under the Americans with Disabilities Act (ADA), California workers who suffer from physical or mental disabilities can request that their employers grant them “reasonable accommodations” if they need them to perform their jobs. However, the question of what exactly a...
NLRB’s decision brings new scrutiny to workplace rules
California employers take note: The rules you have in your handbooks about workplace conduct may need to be revised rather quickly. On August 2, 2023, the National Labor Relations Board (NLRB) issued a ruling on Stericycle, Inc., N.L.R.B., Case 04-CA-137660 that...
Can you limit union campaigns in your company’s public spaces?
The National Labor Relations Board (NLRB) has long held that employers could not ban nonemployee union organizers from cafeterias, restaurants, and other areas open to the public so long as the space was used in a manner consistent with its accepted use and any...