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Unions: Ninth Circuit Invalidates California Law Requiring Employer Neutrality During Organizing Campaigns
A California law curtailing some employers’ rights to oppose their employees’ unionizing efforts is superseded by the National Labor Relations Act, the Ninth Circuit Court of Appeal has held. The ruling could bring welcome relief to employers facing union organization efforts.
News Notes: Roundup Of Recent U.S. Supreme Court Action
In a flurry of employment-related activity, the high court ruled that state employees can’t sue for age discrimination under federal law, although they can still file suit under state law. Plus, the court upheld the following important decisions: the landmark Ninth Circuit Court of Appeal ruling that said Microsoft improperly treated temporary employees as independent […]
Out-of-state Employers Must Cover Vermont Residents’ Same-sex Spouses if Bill Enacted
Employers based outside Vermont will have to provide the health coverage to same-sex spouses of Vermont residents if a just-passed bill is enacted. The Vermont House of Representatives passed the measure on March 15; the state Senate followed suit on March 19. It now goes to Gov. Peter Shumlin (D). If he signs it, the […]
News Notes: Court Applies Reasonableness Standard For Adverse Employment Actions
Francisco Vasquez, a Los Angeles County probation officer, sued the county for discrimination and retaliation after he was involuntarily transferred and a warning letter was placed in his personnel file. The federal Ninth Circuit threw out Vasquez’s lawsuit, however, finding neither act was an adverse employment action. The transfer wasn’t adverse simply because Vasquez preferred […]
News Notes: Worker With No Desk And No Duties Can Sue For Age Bias
Although many employers don’t realize it, you can be sued for wrongful termination even if the person quit instead of being fired. That’s because employees can claim they were ‘constructively discharged’ when working conditions become so intolerable that a reasonable person would be compelled to quit. In one recent case, a 56-year-old country club secretary, […]
News Flash: Legislature Starting To Heat Up
This year looks to be another blockbuster in terms of new employment-related legislation. Next month, we’ll have a full report from Sacramento and Washington, including details on a federal proposal now supported by the beleaguered U.S. Department of Labor to overturn its recent opinion letter and exempt stock options from overtime pay calculations. We’ll also update […]
News Notes: High Court Makes It Easier To File Discrimination Complaints
The U.S. Supreme Court has ruled that an employee doesn’t have to include sufficient evidence to prove their bias claims at the time they file their lawsuit, and that such evidence can be developed later on as more facts are discovered. The new ruling involved Akos Swierkiewicz, a 53-year-old of Hungarian descent, who claimed that […]
Minimum Wage Developments
Bulletin Item: Workers’ Compensation Reform Bill Signed
With Gov. Schwarzenegger poised to deliver enough voter signatures to place workers’ compensation reform on the November ballot, the Legislature reached a compromise with the governor and passed its own workers’ comp reform legislation—which the governor has now signed into law. The measure (SB 899) is expected to save employers several billion dollars a year […]