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By Harper Batts, Chris Ponder
In two decisions recently designated as "precedential," the PTAB rejected two theories raised by petitioners for why the service of a complaint should not trigger Section 315(b)'s
By Keahn Morris, John S. Bolesta, James Hays
While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative
By Timothy T. Kim
Following the launch of the so-called "MeToo" movement, the California Legislature has aggressively churned out new bills that further strengthen the ability for workers to sue their employers.
By Keahn Morris, John S. Bolesta, James Hays
In the organizing context, the scope of a potential bargaining unit is everything-it determines which employees' votes will count towards establishing a union's putative majority in a secret ballot
By Keahn Morris, John S. Bolesta, James Hays
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board's decision in MV Transportation, 368 NLRB ...
By Keahn Morris, John S. Bolesta, James Hays
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed
By Michael Paddock, Erica J. Kraus
In a highly anticipated opinion in the AseraCare case, issued on September 9, 2019, the Eleventh Circuit Court of Appeals affirmed the district court's holding
By Jeffrey S Crowe
On certified questions by the Ninth Circuit Court of Appeals, the California Supreme Court in Pitzer College v. Indian Harbor Insurance Company examined notice and consent provisions under both first-party and third-party coverage
By Keahn Morris, John S. Bolesta, James Hays
In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act
By Katherine Sample
McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019).
By Michael Paddock, Erica J. Kraus, Theresa E. Thompson
On September 5, 2019, the Centers for Medicare and Medicaid Services ("CMS") released a final rule with comment period entitled, "Program Integrity Enhancements to the Provider Enrollment Process"
By Keahn Morris, John S. Bolesta, James Hays
Setting clear and reasonable standards for taking access to an employer's private property is high on the National Labor Relations Board's agenda
By Kathleen M. Stratton, Theresa E. Thompson
A 2016 Final Rule from CMS created a new regulatory requirement for long-term care facilities, 42 C.F.R. § 483.85, that mandates such facilities have in operation, by November 28, 2019,
By Keahn Morris, John S. Bolesta
Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees
By Jonathan E. Meyer, Townsend Bourne, David Gallacher
We recently wrote about the FAR Council's release of an interim rule implementing restrictions on procurements involving certain Chinese telecommunications hardware manufacturers and service
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