On December 12, 2014, the National Labor Relations Board (NLRB or the Board) issued its long-promised revision to its representation-case procedures. In its 733-page final rule, the Board outlined various changes that will...more
The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue...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
Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee -
Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) -
Taylor Patterson was hired by Sui Juris (a franchisee...more
The last few months have seen very little in the way of NLRB decisions. The recent Supreme Court decision where the recess appointments to the NLRB were invalidated, likely will further slow down the process of issuing...more
In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in...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
San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel...more
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed -
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)
Max Taylor worked as a floorhand on an oil rig where he alleged he was...more
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
Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction -
Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) -
In one of the first appellate opinions to consider the new jury...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
The shutdown of the federal government has reached many facets of society, including the NLRB. The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country...more
As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years. The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of...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
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights...more
The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down. We have come to expect over the last few years, a relentless expansion of NLRB authority and reach, especially given...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
A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more
A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National...more
As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page...more
The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359...more
As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more