The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more
The end of another NLRB fiscal year is upon us. Today, September 30, marks the last date of the fiscal year. We can expect to see a number of decisions issue from the Board, and many determinations made at the regional...more
The first day of employment is often chaotic. New employees must learn their way around the jobsite, meet (and remember the names of) many new people and otherwise familiarize themselves with working at a new job. Oh, and...more
So far, it has been a long quiet Summer with little NLRB activity, – with the exception of the recent ruling that temporary agency employees can be part of a bargaining unit with the principal employer’s employees, of course....more
Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated -
Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015).
Avery Richey worked for Power Toyota Cerritos,...more
Google Required To Produce Emails In Response To Former Employer's Subpoena -
Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) -
Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more
Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed -
Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014).
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more
5/14/2014
/ Age Discrimination ,
Class Certification ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FICA Taxes ,
Fitness for Duty Exams ,
Hiring & Firing ,
Public Employees ,
Putative Class Actions ,
Sarbanes-Oxley ,
Severance Pay ,
Sexual Harassment
The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more
TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights -
Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) -
Kyle Hunter sued CBS Broadcasting for age and gender...more
On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more
Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII -
University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) -
The United States...more
7/12/2013
/ Adverse Employment Action ,
But For Causation ,
CAFA ,
Class Action ,
Discrimination ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
Misclassification ,
Over-Time ,
Race Discrimination ,
Religious Discrimination ,
Rest and Meal Break ,
Retaliation ,
SCOTUS ,
SEIU ,
Settlement ,
Sexual Harassment ,
Supervisors ,
Title VII ,
Unions ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.”...more
Social media permeates society. It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace. We have noted several instances where...more
In This Issue:
- $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012)
- $114,000 Pregnancy...more
1/14/2013
/ Breach of Implied Contract ,
Class Action ,
Class Certification ,
Disability ,
Discrimination ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Jury Instructions ,
Lucasfilm ,
Negligent Supervision ,
Over-Time ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
Termination ,
Workplace Violence