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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 […]
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A California law curtailing some employers’ rights to oppose their employees’ unionizing efforts is superseded by the National Labor Relations Act, the Ninth Circuit Court of Appeal has held.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: 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 […]
Pay Bias: New U.S. Supreme Court Ruling Limits Old Claims, But Caution Still Required
At Public Meeting, FTC Indicated Intent to Prosecute Unreasonable Noncompetes
The Federal Trade Commission (FTC) held a half-day program on January 27, 2026, focused on employee noncompetes. The FTC indicated its intent to pursue prosecution of agreements that violate antitrust or otherwise inappropriately limit employee choice. However, the commission is not reproposing the prior rule banning all noncompetes. If workers have issues, the agency suggests […]
News Notes: Temps May Join Unions Where They Work
The National Labor Relations Board has said that temporary and contract workers who are jointly employed by a temp agency and the employer they work for may be included in union bargaining units together with regular employees in the client employer’s workplace. Temps don’t have to receive the same pay and benefits as regular employees, […]
New Sick Leave Legislation: Review Your Policies Now
A law enacted several years ago permits employees to use up to one-half of their accrued sick leave to attend to the illness of a child, parent, spouse or domestic partner. Now new legislation, S.B. 1471, signed by Gov. Davis, makes it illegal for an absence control policy to count sick leave taken under […]
Short Takes: Records Inspection
I understand that under California law, I have to allow current and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee “at reasonable times and intervals.” But some of our employees are making a lot of requests. So what does “at reasonable […]
E-Alerts: Mandatory Arbitration: Court to Take Another Look at Recent Ruling
The U.S. Ninth Circuit Court of Appeal has decided to review its ruling last year upholding mandatory arbitration of bias claims. The case involves secretary Donald Lagatree, whose job offer at the law firm of Luce, Forward, Hamilton & Scripps was revoked when he refused to sign a binding arbitration agreement. A three-judge panel sided […]