Employment & Labor Updates from Cooley LLPhttp://www.cooley.com In a prior Alert dated December 28, 2011, we reported that the National Labor Relations Board (the "NLRB" or the "Board") had adopted a controversial new rule amending its election case procedures. The new rule took effect on April 30, 2012. The changes encompassed by the rule have been of signific...http://www.cooley.com/showalert.aspx?Show=66507Wed, 16 May 2012 00:00:00 GMT Effective January 1, 2012, a new law in California has changed the requirements for the background check disclosure that employers must provide in order to conduct background investigations in California. Employers based outside of California may be governed by this requirement if they obtain backg...http://www.cooley.com/showalert.aspx?Show=66494Mon, 14 May 2012 00:00:00 GMTWe reported in our December 28, 2011 Alert that the NLRB had agreed to postpone the effective date of its final rule requiring employers to post a notice informing employees of their right to organize under the National Labor Relations Act to April 30, 2012. The postponement had been at the request...http://www.cooley.com/showalert.aspx?Show=66415Thu, 26 Apr 2012 00:00:00 GMT As reported in prior Alerts, the Wage Theft Prevention Act of 2011 (AB 469) ("WTPA") took effect on January 1, 2012. This new law requires employers to provide all newly hired non-exempt California employees with a written notice at the time of hire that contains certain specified wage-related info...http://www.cooley.com/showalert.aspx?Show=66411Wed, 25 Apr 2012 00:00:00 GMT On April 12, 2012, the California Supreme Court issued a landmark decision, Brinker Restaurant Corp. v. Superior Court (2012), holding that an employer's duty with respect to providing employee meal periods is only to relieve employees of all duty, relinquish control over their activities, and perm...http://www.cooley.com/showalert.aspx?Show=66355Fri, 13 Apr 2012 00:00:00 GMT Two recent New York federal district court decisions illustrate the ongoing debate regarding the enforceability of class action waivers in the employment context following AT&T Mobility v. Concepcion and D.R. Horton and Michael Cuda. In Sutherland v. Ernst & Young, 2012 WL 130420 (S.D.N.Y. ...http://www.cooley.com/showalert.aspx?Show=66104Thu, 09 Feb 2012 00:00:00 GMT On January 3, 2012, the National Labor Relations Board (the "NLRB" or the "Board") issued its decision in D.R. Horton and Michael Cuda, finding that notwithstanding the Federal Arbitration Act (the "FAA") and AT&T Mobility v. Concepcion (the United States Supreme Court's April 27, 2011 opi...http://www.cooley.com/showalert.aspx?Show=66030Fri, 13 Jan 2012 00:00:00 GMTAs we reported in our January 4, 2012 Alert, the California Labor Commissioner recently published a template form to comply with the Wage Theft Prevention Act of 2011 ("WTPA") (AB 469). In connection with the publication of the template, the California Division of Labor Standards Enforcement ("DLSE...http://www.cooley.com/showalert.aspx?Show=65987Mon, 09 Jan 2012 00:00:00 GMT As we reported in our October 24, 2011 Alert, on October 9, 2011, California Governor Jerry Brown signed into law the Wage Theft Prevention Act of 2011 (AB 469). This law adds a new section to the California Labor Code (Section 2810.5) that requires employers to provide all newly hired non-exempt C...http://www.cooley.com/showalert.aspx?Show=65978Wed, 04 Jan 2012 00:00:00 GMT After months of deliberation and comment, the National Labor Relations Board (the "NLRB" or the "Board") has adopted a final rule amending its election case procedures. The amendments were drawn from a more comprehensive (and controversial) proposal put forward by the NLRB in June. The new rule wil...http://www.cooley.com/showalert.aspx?Show=65970Wed, 28 Dec 2011 00:00:00 GMT