NLRB to Revisit Employee Use of Employer Email
On August 1, 2018 the National Labor Relations Board invited interested parties to file briefs on whether the Board should adhere to, modify, or overrule Purple Communications – a case (decided by the Obama Board) that held employees who had been given access to their employer’s email system for work-related purposes have a presumptive right to use that system, on non-working time, for communications protected by Section 7 of the National Labor Relations Act (union organizing
California Supreme Court Rejects de minimus Doctrine
On July 26, 2018 the California Supreme Court ruled that the Federal Fair Labor Standard Act’s de minimus Doctrine does not apply to claims for unpaid wages under the California Labor Code. The de minimus doctrine is an application of the maxim de minimus non curat lax, which means, “The law does not concern itself with trifles.” Federal courts have applied the doctrine in some circumstances to excuse the payment of wages for small amounts of otherwise compensable time upon
