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Labor and Employment
Wednesday, March 18, 2015
Rocklin Golf Club
Rotary Club of South Placer (Monthly Luncheon)
The California Public Employment Relations Board Broadly Construes Protected Activity Under Educational Employment Relations Act
February 25, 2015 | Bulletin No. 1226763.1
The Public Employment Relations Board ("PERB") in Crowell v. Berkeley Unified School District found the anti-retaliation provisions contained in the Educational Employment Relations Act ("EERA"), Cal. Gov. Code § 3540, et seq., to be broader than those of other public employment statutes because EERA specifically identifies the right to be represented by employee organizations for professional relationships, not simply employment relationships.
California Court Of Appeal Finds The City Of Santa Monica Was Not Required To Eliminate Essential Job Functions To Accommodate Disabled Employee And Engaging In The Interactive Process Does Not Constitute Protected Conduct Under FEHA
February 19, 2015 | Bulletin No. 1234567.8
The California Court of Appeal for the State of California, Second Appellate District upheld the City of Santa Monica's ("City") award of summary judgment in Nealy v. City of Santa Monica (Cal. Ct. App., Jan. 21, 2015, B246634) 2015 WL 632228, finding that the City had not violated California's Fair Employment and Housing Act ("FEHA") when it determined that it could not reasonably accommodate an employee's disability.
Court Of Appeal Invalidates Portion Of IWC Wage Order Permitting Waiver Of Second Meal Period For Health Care Employees Working Shifts Longer Than 12 Hours
February 12, 2015 | Bulletin No. 1210681.1
In Gerard v. Orange Coast Memorial Medical Center, California's Fourth District Court of Appeal invalidated a portion of Industrial Wage Commission Order No. 5, the wage order applicable to employees working in hospitals, assisted living facilities, and similar health care establishments, which permitted those employees to waive their second meal period if they worked shifts of more than 12 hours in a workday.
California Public Employees’ Pension Reform Act Of 2013 Partially Violates Prohibition Against Impairment Of Contracts When Applied To Employees Covered By A Collective Bargaining Agreement
January 27, 2015 | Bulletin No. 1174189.1
California Supreme Court Holds On-Call Time For Security Guards Is Fully Compensable Under California Wage Orders
January 12, 2015 | Bulletin No. 1171252.1
In Mendiola et al v. CPS Security Solutions, et al., (2015) 2015 WL 107082, the California Supreme Court held that security guards at a construction site were entitled to compensation for all on-call hours spent at their assigned worksites, including sleeping time, as they were under their employer’s control for the entirety of the on-call time.
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.
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.)
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