California Labor & Employment Blog

ICE Releases New STEM List for Foreign National Graduates

May 17, 2012 - 8:39 AM

U.S. Immigration & Customs Enforcement released an updated list of college majors that will qualify for an extension of the Optional Practical Training (OPT) work permit after a foreign national graduates college.  Those students majoring in science, technology, engineering, and math (STEM) can qualify for a 17 month extension of their work permit, beyond...
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NLRB Suspends Implementation of New Election Rule

May 15, 2012 - 2:25 PM

On the heels of yesterday's federal court decision invalidating the NLRB's new election rule that had taken effect April 30, the NLRB announced today that it is suspending implementation of the rule as a result of the court decision.  The NLRB stated that it is reviewing the court decision and considering how...
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Federal Court Invalidates NLRB’s New Election Rule

May 15, 2012 - 9:21 AM

The United States District Court for the District of Columbia issued a ruling yesterday invalidating the NLRB's new election rule.   The court held that the rule was not properly adopted because the NLRB lacked a quorum when it voted to adopt the rule.  Only two NLRB members voted on the...
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Social Media and the NLRA: Important Information for Employers

May 15, 2012 - 9:12 AM

On Thursday, May 24 at 10:00 a.m. PDT, CDF Partner Mark Spring will be presenting a complimentary webinar on Social Media and the NLRA.  The NLRB has taken an aggressive position in protecting employees who post negative and derogatory comments on social media about their employers and/or supervisors.  They are issuing complaints against...
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California Court Holds Armendariz Still Applies After Concepcion

May 9, 2012 - 1:11 PM

This week a California court held that the United States Supreme Court's recent decision in AT&T Mobility v. Concepcion does not overrule California unconscionability standards for assessing employment arbitration agreements, including the standards generally prescribed by the California Supreme Court in Armendariz v. Foundation Health.  Armendariz is the leading case...
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California DLSE Creates Information Portal for New and Small Businesses

May 3, 2012 - 2:18 PM

The California Division of Labor Standards Enforcement recently opened a separate page on its website designed to help new and small California businesses.  The web portal appears designed to help small business owners, new business owners, and businesses based out-of-state understand many of the requirements in the California Labor Code and related regulations...
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CA Comes to Texas: Post-Brinker Advice-How to Minimize Risk in Management of Meal & Rest Breaks for CA Employees

May 2, 2012 - 2:49 PM

The California Supreme Court issued its long-awaited decision in Brinker v. Superior Court (Hohnbaum) on April 12, 2012.  This decision finally answered the much litigated question of what it means to "provide" a meal break under California law.  The Court's decision also addressed issues surrounding when a second meal break is required, and...
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California Supreme Court Limits Recovery of Attorneys’ Fees on Meal and Rest Claims

May 1, 2012 - 10:16 AM

Yesterday the California Supreme Court issued its opinion in Kirby v. Immoos Fire Protection, Inc., addressing whether a prevailing party in a rest break case is entitled to recover attorneys' fees incurred in litigating the case.  In this case, the defendant employer was the prevailing party on a claim by plaintiffs for alleged missed...
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Blog Editor

Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or BIO »

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