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…
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…
Megan J. Muoio, August 13, 2014 After receiving 181 complaints from employees at McDonald’s about unfair labor practices beginning in November 2012, the National Labor Relations Board (NLRB) has issued an advice memorandum that could impact companies with franchisees across the U.S. The memorandum indicates that the NLRB will treat McDonald’s as a “joint employer” with its franchisees, making McDonald’s liable for the unfair labor practices of franchise owners to their employees. The advice memorandum is a directive from the general counsel of the NLRB and does not…
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…