A case that has made it up to the U.S. Supreme Court and back down to the trial court is now making its way up the legal ladder again. The 9th Circuit has issued a new decision, ruling that an employer that challenges a union’s claim that employees have ratified a collective bargaining agreement can make their case to a jury.
A federal court has rejected a bid by two former employees to represent other similarly situated employees, based on the employer’s claim of conflict of interest. The court agreed that these particular employees weren’t the best choice to represent other workers.
It can seem like a waste of time to respond to a request for information about alleged discrimination if you know your company did nothing wrong. But it’s never a good idea to ignore an EEOC information request.
The 9th Circuit Court of Appeals has clarified who can sue for unpaid benefits under the Employee Retirement Income Security Act.
The Court of Appeal of California has finally clarified how much employers owe employees who don’t get their required meal and other breaks. The penalty is two hours of pay per day if workers missed both types of breaks.
More than 100 hospital workers have returned to work following a strike that prompted the Salinas Valley Memorial Healthcare System (SVMHS) to lock them out for two days.
Six years of litigation came to an end when the union UNITE HERE and Sutter Health settled charges of defamation, trade libel and intentional interference with prospective economic relations. Sutter Health had accused the union of sending postcards to potential patients calling into question the cleanliness of the hospital chain’s linens.
A unanimous California Supreme Court has ruled that California-based employers must pay out-of-state resident employees based on the provisions of the California Labor Code, even if those employees only visit the state on a limited, temporary basis. The decision is worrisome for multistate employers because it may open the door for more employee lawsuits seeking the generous protections offered by California law.
Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.
Gov. Jerry Brown has vetoed a bill that would have given farm workers the option of using a “card check” election instead of secret ballots to choose union representation. In his veto message, Brown said he “appreciates the frustrations” of farm workers who try to unionize. However, he said the bill would have required restructuring “California’s carefully crafted agricultural labor law.”