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Over the past few years, the National Labor Relations Board has
frequently weighed in on employer s workplace and employee
handbook policies, examining whether an employer s policy
impacts employees rights under Section 7 of the National Labor
Relations Act. Employers received a needed dose of clarity in
Boeing Co.,
365 NLRB No. 154 (2017), where the Board set forth rules for
interpreting a facially neutral policy, rule or handbook provision.
As noted at the time, employers were sure to see
Boeing s practical impact as more cases were
adjudicated under its new framework. In
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We have long reported about that modern marvel of
well-intentioned legislation gone awry known as the Private
Attorneys General Act ( PAGA ) - and we also have noted
that in practice, PAGA stands for Pretty-much All Goes to the Attorneys. A recently
published report (the Report ) from some of
the former leaders of the California Department of Industrial
Relations and Cal/OSHA suggests we were right.
Originally enacted in 2004 to remedy an ostensible strain
on government resources, PAGA enables an aggrieved
employee to file representative actions on behalf of fellow
This COVID year
plus has been a time of lockdowns and
social distancing. However, along the way, people have been out in
public, without necessarily social distancing, and
protesting-vociferously and publicly, and, in some instances, as a
part of larger riots, destruction of property, injury to others,
and challenges to the political bodies in power. The 24/7 news
cycle has both regaled and alarmed us with stories about the George
Floyd and the U.S. Capitol protests. Wherever one is on the
political spectrum, both examples have involved cries of free
speech; various people shroud these events with sanctified
protection under the First Amendment to the Constitution-protection
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In an effort to address the gender pay gap, California Governor
Gavin Newsom signed into law SB 973 on September 30, 2020, which, among
other things, mandates employers to provide new specified data to
the Department of Fair Employment and Housing ( DFEH )
regarding employee pay and demographics of the employer s
workforce.
As a result of the new law, any employer with 100 or more
employees at least one of whom is in California was
required to submit a California Pay Data Report on or before March
31, 2021, and each year thereafter. The California Pay Data Report