Labor & Employment Law Blog

Yesterday, the Supreme Court of the United States summarily disposed of the petition for a writ of certiori filed by Chinese Daily News, Inc., challenging the decision of the Ninth Circuit Court of Appeals affirming a $7.7 Million class action wage and hour verdict against Chinese Daily News. In a summary disposition, the Supreme Court granted the petition for certiori, vacated the judgment, and remained the ...

As previously reported here, in late August, the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights. Today, the NLRB issued a press release announcing that the date employers will be required to post the notice will be postponed to January 31, 2012 from November 14, 2011. The postponement follows push back from businesses and trade organizations after the final rule was published. The NLRB states that more time is needed for enhanced education and outreach to employers, especially small and medium sized businesses. The full press release may be read here.

As previously reported here earlier this year, the National Labor Relations Board ("NLRB") issued a complaint against a Chicago car dealership alleging the dealership violated Section 7 of the National Labor Relations Act ("NLRA") when it terminated an employee for posting on his Facebook page photographs and comments criticizing the dealership for serving only hot dogs and water to customers at a dealership sales event promoting a new model, and for posting photos from an accident that occurred at an adjacent dealership. On Wednesday, September 28, 2011, an Administrative Law Judge ("ALJ") ruled that the dealership did not wrongfully terminate the employee for the Facebook postings.  However, the ALJ found that the employer had several overly broad handbook policies that unlawfully restricted employees' Section 7 rights. The ALJ ordered the employer to post a notice informing employees of their rights to engage in protected activity.  

The California Supreme Court will hear oral arguments on Monday, October 3, 2011 in Harris v. Superior Court (Liberty Mutual Insurance). The California Supreme Court granted review of Harris almost four years ago on November 28, 2007, and identified the issue to be decided as follows:

As we previously reported here, in May, it was announced that the Department of Fair Employment and Housing ("DFEH") would begin a new collaborative effort with the University of California at Irvine School of  Law to combat allegations of systemic discrimination. The DFEH and UC Irvine established a clinic in which law students will assist DFEH agents on tasks which include evaluation, investigation, and prosecution of discrimination claims.  

As we previously reported here, the National Labor Relations Board has recently filed complaints against a number of employers alleging the employers unlawfully terminated or disciplined employees who posted on social media websites, such as Facebook, statements critical of their working conditions.  In one press release, the NLRB states such discussions were "protected concerted activity within the meaning of Section 7 of the National Labor Relations Act, because it involved a conversation among coworkers about their terms and conditions of employment, including their job performance and staffing levels."

In a press release issued today, the California Department of Industrial Relations announced that Labor Commissioner Julie Su, filed in the Alameda County Superior Court a lawsuit seeking damages and penalties in excess of $17 Million against ZipRealty for alleged wage and hour violations. Click here to download and read a copy of the lawsuit. 

The lawsuit Ms. Su filed in the Alameda County Superior Court ...

The 2011 California legislative season is coming to a close. Below is a summary of the employment-law-related bills that were signed or are pending before the Governor. The Governor has until October 9, 2011 to consider, and sign or veto the bills passed by the Legislature this year.

Bills Signed by Governor Brown

SB 272 (DeSaulnier) Leave of Absence: Organ Donation - This bill provides that the days of leave for ...

As we previously reported here, in an announcement dated August 25, 2011 the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights. Those rights include the rights to form and join unions and to engage in concerted activities for mutual aid and protection, which may include group protests over working conditions or demands for workplace change through social media.

On June 21, 2011, the United States Department of Labor, Office of Labor-Management Standards, issued a little-known Notice of Proposed Rulemaking whereby the DOL seeks to expand the scope of and requirements of the Labor Management Reporting and Disclosure Act of 1959 (29.U.S.C. 433). The proposed rule reverses long-standing practices under the law and subjects employers and those who provide advice to employers regarding union activities, such as attorneys and labor consultants, to increased reporting requirements. The public comment period ends on September 21, 2011, and the new rule is expected to be adopted shortly thereafter. The proposed rule has been viewed by some in the business community as a political favor for unions designed to enhance their ability to unionize employees.  A copy of the proposed rule and the opportunity to submit comments can be viewed by clicking here.