Labor and Employment

NLRB Reverses Precedent and Holds Employees Have Right to Use Employers’ Email Systems for Protected Communication

December 18, 2014 | Bulletin No. 1166012.1

Last week, the National Labor Relations Board issued an important decision, holding that employees have the right to utilize employer-owned email systems to communicate regarding the terms and conditions of their employment and other issues covered by the National Labor Relations Act, including concerted activities. Purple Communications, Inc. and Communications Workers of America, AFL-CIO (December 11, 2014).

Unanimous Supreme Court Holds That Time Waiting In Security Line Is Not Compensable Under Federal Fair Labor Standards Act

December 10, 2014 | Bulletin No. 1155395.1

In Integrity Staffing Solutions, Inc. v. Busk (2014) – S.Ct. –, 2014 WL 6885951, the United States Supreme Court unanimously held that time spent by employees undergoing security screenings at the end of their shifts was not compensable time under the federal Fair Labor Standards Act (FLSA).

California Public Policy Prohibits Employer Retaliation Based on Mistaken Belief That Employee Engaged in Whistleblowing Activity

November 26, 2014 | Bulletin No. 1160802.1

In Diego v. Pilgrim United Church of Christ (November 21, 2014) --- Cal. App. 4th ---), the California Fourth District Court of Appeal considered whether California public policy precludes employers from retaliating against an employee based on a mistaken belief that the employee reported violations of state regulations to a governmental agency.  The court concluded that employer retaliation based on such a mistaken belief is prohibited by public policy.

NOTE

The 2014 amendments to Labor Code section 1102.5(b), which added express language precluding retaliation based on a belief  that an employee reported or may report a violation, are consistent with the court’s holding.

Joe’s Crab Shack Managers Move Forward with Class Action Wage and Hour Misclassification Suit Despite Plaintiffs’ Inability to Establish Number of Hours Worked

November 24, 2014 | Bulletin No. 1160518.1

Last week, the California Court of Appeal for the Second Appellate District reversed a trial court’s class certification denial in a proposed overtime class action brought by Joe’s Crab Shack managers against the restaurant chain.  The court ruled that a class action was the best method of resolving the employees’ wage and hour claims, even though the facts appeared to present difficult issues of proof. (Martinez et al., v. Joe’s Crab Shack Holdings et al., ---Cal.Rptr.3d---, Cal.App. 2d Dist. November 10, 2014.)

Work with Us! Confronting and Resolving Disability Claims and Accommodation Requests Through the Interactive Process

 
 
Event Information

Date:

Thursday, November 13, 2014

Time:

3:00 - 5:00 p.m.

Location:

Cattlemen's
2000 Taylor Rd
Roseville, CA 95678

Sponsored By:

International Public Management Association for Human Resources (IPMA-HR) - Sacramento Mother Lode Chapter

Presenters:

Christopher Onstott

 
 

2014 LEGISLATIVE DEVELOPMENTS

November 3, 2014 | Bulletin No. 1154857.1

This is an abbreviated summary of KMTG’s more expansive whitepaper regarding new workplace-related legislation passed by the Legislature in 2014, which takes effect on January 1, 2015.  For a full description of the new legislation discussed below, please view the PDF on our website under the Resources tab.

SAHRA 2014 Annual Conference | Recognizing and Preventing Workplace Harassment

 
 
Event Information

Date:

Wednesday, Sept 17, 2014

Location:

Sacramento Convention Center

Sponsored By:

Sacramento Area Human Resouces Assocation (SAHRA)
2014 Annual Conference

Presenters:

Rex Darrell Berry

 
 

California Court of Appeal Limits the Scope of California's Unfair Competition Law by Denying Availability of Civil Penalties for Workplace Safety Violations

October 21, 2014 | Bulletin No. 1151307.1

The Court of Appeal for the State of California, Fourth Appellate District in Solus Industrial Innovations, LLC v. Superior Court (2014) 229 Cal.App.4th 1291, held that a California district attorney cannot pursue civil penalties under California's Unfair Competition Law ("UCL") against Solus Industrial Innovations for a workplace safety violations that resulted in a fatal accident.

Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure

October 15, 2014 | Bulletin No. 1150053.1

In Indio Police Command Unit Association, et al., v. City of Indio, et al. (--- Cal.Rptr.3d ---, Cal.App. 4th Dist. September 15, 2014) a California Court of Appeal confirmed the applicability of Meyers-Milias-Brown Act ("MMBA") (Gov. Code § 3500.5 et seq.) in the context of a police department management reorganization.

California’s Second and Fourth Appellate Districts Split Over Who Should Decide Whether Agreement Authorizes Class Arbitration – Court or Arbitrator

October 14, 2014 | Bulletin No. 1149882.1

In Network Capital Funding Corporation v. Papke, G049172, 2014 WL 5035099 (Cal. Ct. App. Oct. 9, 2014), the California Court of Appeal for the Fourth Appellate District declined to follow the reasoning of the Second Appellate District in Sandquist v. Lebo Automotive, Inc., B244412, 2014 WL 3590152 (Cal. Ct. App. June 25, 2014) when it held that the question of whether an agreement authorizes class arbitration should be decided by the court, not the arbitrator. 

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