Reversals Continue at Trump NLRB with Decision Giving Employers More Leeway to Enforce Investigation Confidentiality

In 2015, the NLRB drew criticism from the employer community when it ruled that an employer could not lawfully restrict employee discussion of a workplace investigation unless it established that it had a “legitimate and substantial business justification” for doing so in the particular case at hand that outweighed employees’ right to discuss such issues …read more »

The DOL’s Joint Employer Rule Is Final – What Now?

On January 12, 2020, the Department of Labor (“DOL”) issued its much-anticipated Final Rule updating its test for deciding when two different entities will be considered a joint employer and therefore may be jointly liable for wage and hour violations under the Fair Labor Standards Act (“FLSA”). The effective date of the Final Rule is …read more »

Carefully Plan Your Wage and Hour Audits

It is often recommended that employers periodically conduct wage and hour compliance audits to ensure that pay practices accord with the strict requirements of the law. The benefits of conducting such audits are that employers can eliminate liability moving forward for any errors they identify and correct, and such audits tend to show good faith …read more »

M2D Attorney Daniel Lenhoff Admitted to California Bar

Daniel Lenhoff, Senior Associate at the Firm, recently passed the California Bar Exam and took the California attorney’s oath to become a member of the State Bar of California. Daniel has assisted employers with issues specific to California employment and non-compete restrictions for years, and this will allow him to continue to do so as …read more »

A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 3)

This is the third and final installment in a series examining legal protections for gay, lesbian, bisexual, and transgender employees, written in anticipation of the U.S. Supreme Court’s upcoming decision on whether Title VII’s protections are broad enough to forbid discrimination based on sexual orientation and gender identity. Part 1 of this series examined the …read more »

DOL Proposes Clarifications to the Fluctuating Workweek (or “Half-Time”) Method of Calculating Overtime for Salaried, Non-Exempt Workers

On November 5, 2019, the United States Department of Labor (“DOL”) announced a proposed rule that would give employers more flexibility in the way they calculate overtime pay for salaried, non-exempt employees with inconsistent schedules.  More specifically, the rule would expressly allow employers to offer bonuses or other incentive-based pay to salaried, non-exempt employees whose …read more »

Register Now: Mandatory FMCSA Drug and Alcohol Clearinghouse Coming in January 2020 for Employers of CDL Drivers

Starting January 6, 2020, employers must use a new Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse for drug and alcohol testing and verification of their drivers with Commercial Driver’s Licenses (CDLs). The Clearinghouse centralizes data about CDL drivers in a single database, and this article explains what employers need to report to the Clearinghouse and …read more »

Tips to Prepare for an ICE Visit

Last year, I wrote an article highlighting President Trump’s commitment to vastly increasing the number of Immigration and Customs Enforcement (ICE) worksite investigations. Recent events confirm that President Trump has not only remained true to his word, but that he is doubling down on this policy. For example, recently ICE agents raided seven different food …read more »

A Cautionary Tale: The Importance of a Thorough and Thoughtful Investigation in the #MeToo Era

Over the last two years, my law partners and I have given a number of presentations on the #MeToo movement. Inevitably, there is always a question about where the law stands on the due process rights of the accused. Generally speaking, Title VII does not give employees accused of sexual harassment any per se due …read more »

Even Under the Trump NLRB, Employers Still Cannot Preclude Non-Supervisory Employees from Discussing Their Pay

Many of my clients have the misperception that they are lawfully permitted to instruct non-supervisory employees not to discuss their pay or benefits with each other. In fact, such instructions have historically run afoul of Section 7 of the National Labor Relations Act, which protects concerted employee conduct regarding terms and conditions of employment, including …read more »