Allyn & Fortuna LLPPaula Lopez, September 29, 2016. On September 25, 2016, California Governor, Jerry Brown, signed into law legislation that voids contract provisions in any agreement entered into between an employer and a California resident that requires, as a condition of employment, that an employee agree to have disputes adjudicated (includes litigation and arbitration) outside of California and under the laws of another state. The law, known as Senate Bill 1241[1], will apply to contracts entered into, modified or extended on or after January 1, 2017. Key provisions of the…
By: Megan J. Muoio, December 31, 2014 There have been a number of notable employment law developments in 2014, and employment issues for employers will continue to be dynamic into 2015. The Equal Opportunity Employment Opportunity Commission (EEOC) has initiated significant litigation and issued substantial regulations, while the National Labor Relations Board (NLRB) has pushed the envelope regarding employees’ rights issues. The Supreme Court has also been especially active in the employment law area, handing down decisions relevant to the religious rights of employers and considering issues regarding…
Nicholas Fortuna, December 23, 2014 On December 10, 2014, in the matter of Purple Communications, Inc. a divided National Labor Relations Board held that workers have a statutory right to use an employer’s email system to engage in discussions about the terms and conditions of their employment (National Labor Relations Act, Section 7 rights) while on nonworking time. Section 7 of the NLRA grants employees the right to communicate about the terms and conditions of employment for the purpose of “collective bargaining or other mutual aid or protection.”…
Paula Lopez, August 27, 2014. The National Labor Relations Board (NLRB) issued a ruling in the case Triple Play Sports Bar and Grille affirming the administrative law judge’s decision that two employees who were terminated because of their involvement in Facebook discussions about claims that their employer had made State tax withholding errors were unlawfully discharged in violation of Section 8(a)(1) of the National Labor Relations Act (NLRA). This decision is significant on two fronts. First, because Vincent Spinella’s (one of the terminated employees) only involvement in the…
Nicholas Fortuna, August 21, 2014. Last week The National Labor Relations Board (NLRB) expanded the meaning of what is considered concerted activity under the National labor Relations Act (NLRA). Under the Board’s decision in Fresh & Easy Neighborhood market, Inc. and Margaret Elias, the Board determined that Elias was engaged in “concerted activity” for the purpose of ”mutual aid or protection” within the meaning of Section 7 of the NLRA when she sought assistance from her coworkers in asserting a sexual harassment complaint. In doing so, the Board…
Diana Uhimov, July 16, 2014. The U.S. Supreme Court unanimously invalidated three of President Obama’s recess appointments to the National Labor Relations Board (NLRB) as unconstitutional in its June 26, 2014 decision in National Labor Relations Board v. Noel Canning. Despite the fact that these Board members’ positions were filled by valid Senate-confirmed members in August 2013, this decision voids hundreds of NLRB decisions issued between January 2012 and August 2013, because the Board did not have a quorum. The current Board is now obligated to revisit those decisions and either…
Paula Lopez, April 2, 2014. Employers are not blind to employees’ use of social media in and out of the workplace and they have a business interest in protecting confidential information, brand/image, employee morale and productivity, and insulating themselves from legal liability. As a result, employers should establish a social media policy regarding their employees’ use of employer-issued devices and their social media activities. Creating a comprehensive social media policy is important. Such a policy should specifically identify permitted and prohibited conduct, without being overly restrictive, and should…