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Courts Invalidate NLRB Notice Post Rule

On Friday June 14, 2013 another court weighed in and for a second time concluded that the National Labor Relations Board ("NLRB" or "Board") posting rule is unenforceable. In Chamber of Commerce v. NLRB, the Fourth Circuit Court of Appeals held that the NLRB exceeded its authority in adopting the posting rule. The court reasoned that the NLRB’s role is a reactive one, intended to address unfair labor practice charges, and that the NLRB exceeded this role when it acted in a proactive manner adopting a workplace posting rule. The most recent Fourth Circuit decision is here.

Read more: Courts Invalidate NLRB Posting Rule

Americans with Disabilities Act (ADA) Website Get Facelift

In the first re-design of the ADA website since 2002, the Department of Justice today launched a redesigned ADA website  The new design incorporates improved navigation and usability features making it easier to find information on ADA technical assistance, enforcement, and regulations.

Read more: ADA Revised Website

DLSE Releases Revised Wage Theft Protection Act Compliance Materials

On April 12, 2012 the Division of Labor Standards Enforcement (DLSE) issued a more streamlined template in compliance of the California’s Wage Theft Prevention Act. The agency also update its FAQ web page which provides guidance to employers to comply with the employee disclosure requirements which became effective at the beginning of 2012.

Read more: DLSE Revises Wage Compliance Template

NLRB Poster Update   

January 6, 2014


The National Labor Relations Board (NLRB) has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.

Read more: NLRB Drops Poster Requirement

Employee or Independent Contractor? Enhanced Penalties in Recent California Legislation Counsel Review of Non-Employee Classification Practices


By: Camille Olson, David Kadue, Tim Haley, Fred Sanderson and Ferry Lopez

On October 9, 2011, Governor Jerry Brown signed California Senate Bill 459 ("SB 459"), which adds sections 226.8 and 2753 to the California Labor Code. SB 459, effective January 1, 2012, imposes steep penalties on employers who willfully misclassify employees. This legislation is but one example of a growing effort at both the federal and state level to identify, reclassify, and prevent misclassification of employees as independent contractors, deterring companies from doing so with significant penalties.

Read more: Independent Contractor SB 459