Newsletters

07.31.17

Union Posters Crossed the Line, Eighth Circuit Rules

A group of Jimmy John’s workers lost the protection of the National Labor Relations Act (NLRA) with a disloyal poster campaign, the U.S. Court of Appeals for the Eighth Circuit ruled, refusing to enforce the order of the National Labor Relations Board (NLRB) that the employer ran afoul of the ...


07.21.17

California Supreme Court Reverses PAGA Discovery Ruling

On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of discovery in representative actions brought under the state’s Private Attorneys General Act (Cal. Labor Code §§ 2698 et seq.).


06.29.17

DOL Withdraws Obama-Era Guidance, Promises More Change

The new Secretary of Labor officially withdrew the Department of Labor’s (DOL’s) guidance on joint employment and independent contractors, although the agency cautioned in a news release that the removal does not change the legal responsibilities of employers under applicable law.


06.16.17

Class Certification Denial Reversed in Wake of Augustus

Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial court’s denial of a class certification motion and remanded the case.


06.05.17

California Appeals Court: Employee Must Arbitrate Employment Dispute

Holding that an employee was equitably estopped from denying a defendant’s right to arbitrate an employment dispute, a California appellate court affirmed a trial court’s grant of a motion to compel arbitration.


05.19.17

One Day of Rest Mandated by California Supreme Court

Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek, although an employer is not forbidden from allowing an employee, fully apprised of his or her entitlement to rest, to independently choose not to take ...


05.11.17

What Is a “Workplace”? California Appellate Court Considers

A California appellate panel considered the issue of the location of a “workplace” for purposes of employer liability when an employee got into a car accident.


04.27.17

NLRB Affirms New Standard on Employee Email Use

A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email for statutorily protected communications on nonworking time is presumptively permitted.


04.13.17

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination

In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh Circuit held that discrimination based on sexual orientation is not included in Title VII’s prohibition against discrimination “because of sex.”


03.31.17

Continuing Violation Doctrine Keeps Title VII Suit Alive

The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims under the continuing violations doctrine, reversing summary judgment in favor of the educational institution where she worked.