Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Every Minute Counts: Should Californian Employers Record Every Minute Worked?

In July, the California Supreme Court issued its opinion in Troester v. Starbucks Corp., holding that the federal wage laws that excuse companies from paying workers for de minimis work, i.e. small amounts of time…

NLRB’s Handbook on Handbooks

As we all know, the NLRB has been working hard in recent years to expand its reach beyond the union workforce – striving to make its decisions and guidance just as relevant to the non-union employer in an age where…

No Such Thing as “No Harm, No Foul”?

Everybody knows that an activist National Labor Relations Board (NLRB) expects a lot of all employers nowadays, union and non-union. One of the areas under the greatest NLRB scrutiny are time-honored, well-worn…

Enforcing Your Workplace Violence Policy? Not So Fast, According to the NLRB

In what some may consider a stunning decision, the NLRB recently held in Care One at Madison Avenue, LLC, 361 NLRB No. 159, that an employer’s enforcement of its workplace violence policy violated its employees’…

NLRB “Deletes” Company E-Mail From an Employer’s Property Rights

If you think an employer has an absolute right to control its own email systems, think again – at least according to the National Labor Relations Board. On December 11, 2014, the NLRB declared that employees may…