In a 3-1 decision released last week, the National Labor Relations Board reversed decades of precedent regarding a successor employer’s bargaining obligations following the purchase of an entity with a unionized workforce. The Board’s decision in Ridgewood Health Care Center significantly reined in the application of the “perfectly clear successor” doctrine, which requires a successor employer to maintain the status quo of its predecessor employer’s terms and conditions of employment.

Continue Reading National Labor Relations Board Returns to Narrow Application of Perfectly Clear Successor Doctrine

Each year, the California Chamber of Commerce (“Chamber”) identifies proposed state legislation that the Chamber believes “will decimate economic and job growth in California.”  The Chamber refers to these bills as “Job Killers.” In March, the Chamber identified the first two Job Killers of 2019: AB 51 and SB 1. Both bills would negatively impact retailers in California. You can view the Chamber’s Job Killer site here.

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Federal Rule of Civil Procedure 23(f) governs petitions for interlocutory appeals of orders that grant or deny class certification and requires that a petition for permission to appeal must be filed “within 14 days after the order is entered.” It makes no mention of motions for reconsideration.

Continue Reading Supreme Court Overturns 9th Circuit, Holds that Equitable Tolling Does Not Apply to Rule 23(f) Appeals

California has long been considered one of the most – if not the most – protective states of employee rights.  This continues to ring true, as the legislature has proposed another law aimed at prohibiting employers from requiring employees to sign mandatory arbitration agreements as a condition of employment.   In essence, Assembly Bill 51 (AB 51), would prevent employers from requiring their employees to bring all employment related claims, including discrimination, harassment, retaliation, and wage and hour claims, in arbitration instead of state or federal court.

Continue Reading California Legislators Take Another Stab At Preventing Employment Arbitration Agreements

Last August, we reported on OSHA’s proposed rulemaking regarding electronic submissions of workplace injuries and illnesses in our blog entitled, “OSHA Issues Proposed Rule Regarding Electronic Submission Requirements.” OSHA has since issued a final rule which became effective on February 25, 2019.

The new rule rescinds the requirement that employers with 250 or more employees, or employers in certain high-hazard industries, electronically submit information from OSHA Form 300 (Log of Work-Related Injuries or Illnesses) and OSHA Form 301 (Injury and Illness Incident Report).  Affected employers must still maintain Forms 300 and 301 on-site and make them available for OSHA inspection, if requested.  Employers covered by the rule now only are obligated to submit Form 300A (Summary of Work-Related Injuries and Illnesses) annually.

Continue Reading OSHA Eliminates Electronic Submission Requirement for Certain Workplace Injuries and Illness Forms, Citing Concerns for Employee Privacy

Today, New York City’s anti-sexual harassment training law goes into effect. Under the new law, private employers must provide annual “interactive” sexual harassment training to their entire workforce, including some independent contractors and part-time employees. The NYC law is similar—but not identical—to a recently enacted New York state law mandating sexual harassment training.

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In the wake of the #MeToo movement, the EEOC reconvened its task force on sexual harassment in June 2018.  Most recently, in a continued effort  to focus on leading harassment prevention efforts, the EEOC organized the “Industry Leaders Roundtable Discussion on Harassment Prevention.” On March 20, 2019, the EEOC held a roundtable discussion with various industry leaders to strategize regarding effective harassment prevention efforts and to “inform strategies for the next generation of issues flowing” from the EEOC’s task force reports and the #MeToo movement. Top tier representatives from national associations of homebuilders, manufacturers, human resources, retailers, hospitality providers and others attended and offered their perspectives.

Continue Reading EEOC and Industry Leaders Convene to Focus on Harassment Prevention

On March 12, 2019, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit declined to enforce a bargaining order against the University of Southern California (“USC”), finding that part of the order “runs afoul” with Supreme Court precedent, NLRB v. Yeshiva Univ., 444 U.S. 672 (1980).

The case is Univ. of S. Cal. v. NLRB, Nos. 17-1149, 17-1171, 2019 U.S. App. LEXIS 7203 (D.C. Cir. Mar. 12, 2019) and involves managerial versus non-managerial employees.  Though specific to the academic context, it represents a significant addition to Yeshiva and NLRB v. Bell Aerospace Co., 416 U.S. 267 (1974), where the Supreme Court held that “managerial employees” are not covered by the National Labor Relations Act.

Continue Reading D.C. Circuit Overrules National Labor Relations Board “Subgroup Majority Status Rule”

What must a private business do to ensure that its website complies with Title III of the Americans with Disabilities Act (“ADA”), which requires that places of public accommodation provide “full and equal enjoyment” to individuals with disabilities?  As discussed in a previous post, the ADA was enacted before widespread use of the Internet and does not directly address whether websites are places of public accommodation, or what a business must do so that its website complies with the ADA.  The U.S. Department of Justice (“DOJ”) has publicly stated that websites must be accessible to individuals with disabilities, but has yet to articulate specific technical requirements for websites.

Continue Reading 9th Circuit Reverses ADA Ruling Favorable to Businesses

In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their representative claims under the California Private Attorney General Act of 2004 (“PAGA”), Labor Code § 2699 et seq., without the State’s consent.

In Correia, two former employees sued their employer, NB Baker Electric, Inc. (“Baker”), alleging wage and hour violations and seeking civil penalties under PAGA. Baker petitioned the trial court for arbitration pursuant to the parties’ arbitration agreement, which provided that arbitration would be the exclusive forum for any dispute and which prohibited employees from bringing “any class action or representative action” in any forum.

Continue Reading California Appellate Court Says PAGA Claims Can’t Be Compelled To Arbitration Without The State’s Consent