Western Electrical Contractors Association, Inc.

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Labor Law, NLRB, and Recent Court Decisions

Thursday, July 25, 2019

Ninth Circuit Reinstates California Off-The-Clock Work Claims Related to Post-Shift Security Checks In a unanimous decision in Rodriguez v. Nike Retail Srvs., the Ninth Circuit overturned a California district court's ruling in a wage and hour class action under the California Labor Code that granted Nike's motion for summary judgement after applying the federal de minimis doctrine.  Story [Hunton Andrews Kurth]

NLRB Explains When Granting Benefits to Nonunion Employees and Withholding the Same From Union Workers Can Be Lawful On May 7, 2019, the National Labor Relations Board issued a decision that will be welcomed by employers desiring to maintain differences in the benefits provided to their union and nonunion employees. In Merck, Sharp & Dohme Corp., the Board held that a company's decision to grant nonunion employees an additional paid day off while requiring union employees to work the same day was lawful under the National Labor Relations Act (NLRA). The analysis offered in the majority's opinion may assist employers in understanding how they can comply with the NLRA when, for legitimate business reasons, they decide to grant a benefit to non-represented employees while withholding the same benefit from employees who are represented by a union. Story [Ogletree Deakins]