Daily eBriefs - January 9, 2024

Employment An arbitration provision which reflects the parties’ agreement to waive their rights to bring any claims against one other in any purported class or representative proceeding, and which provides no right or authority for any dispute to be brought, heard, or arbitrated on a class, collective, or representative basis is unenforceable because it requires plaintiffs to waive their right to bring any representative Private Attorneys General Act claim. DeMarinis v. Heritage Bank of Commerce - filed Dec. 11, 2023, publication ordered Jan. 8, 2024, First District, Div. Three Cite as 2024 S.O.S. 144 Full text click here >http://sos.metnews.com/sos.cgi?0124//A167091

Daily eBriefs - January 8, 2024

Employment A trial court erred in denying certification of a class of employees challenging an employer’s rest break policy where the court incorrectly found the employer applied its rest break policy inconsistently during the proposed class period; certification was properly denied over the employer’s policy of checking employees’ bags were there was evidence the policy was only sporadically enforced. Miles v. Kirkland Stores - filed January 8, 2024 Cite as 2024 S.O.S. 22-55522 Full text click here >http://sos.metnews.com/sos.cgi?0124//22-55522

Daily eBriefs - December 21, 2023

Torts The state, by providing compensation to in-home providers of services to disabled and elderly Californians, does not become the employer of those providers, thus incurring vicarious liability for their torts. Yalung v. State of California - filed Dec. 21, 2023, Fifth District Cite as 2023 S.O.S. 3862 Full text click here >http://sos.metnews.com/sos.cgi?1223//F084367.

Remembering Bob Battista, Former Chairman of the NLRB

December 20, 2023 With great sorrow, we acknowledge the passing of our former colleague, Robert (Bob) Battista. Chairman Battista enjoyed a long and illustrious career in labor law, and served in many roles throughout his career that reflected his commitment to public service. He was appointed by President George W. Bush to the National Labor Relations Board and served as Chairman from 2002-2007. “We are deeply saddened by the news of Bob’s death,” said Chairman Lauren McFerran. “We extend our deepest sympathies to his family. His legacy of service to the Agency will always be remembered.” Bob is survived by his wife, children, granddaughter, and mother-in-law. His obituary can be viewed here: https://www.dignitymemorial.com/obituaries/naples-fl/robert-battista-sr-11576180.

Daily eBriefs - December 19, 2023

Employment The Meyers-Milias-Brown Act preempted a public healthcare district’s claims for trespass and unlawful picketing against unions representing the district’s nurses and healthcare workers. Palomar Health v. National Nurses United (Public Employment Relations Board) - filed Dec. 18, 2023, Fourth District, Div. One Cite as 2023 S.O.S. 3794 Full text click here >http://sos.metnews.com/sos.cgi?1223//D080962

Daily eBriefs - December 7, 2023

Employment A federal appellate court has jurisdiction under 28 U.S.C. §292(a)(1) to review a communication restriction imposed on an employer who was trying to persuade employees to agree not to join any collective or class action and to encourage employees to settle their claims individually, because the restriction imposed a prior restraint and was injunctive in nature; the court lacked jurisdiction to review a trial judge’s order nullifying new employment agreements and release agreements signed in response to the employer’s communications. Dominguez v. Better Mortgage - filed Dec. 7, 2023 Cite as 2023 S.O.S. 22-55731 Full text click here >http://sos.metnews.com/sos.cgi?1223//22-55731.

Region 29-Brooklyn Wins Administrative Law Judge Decision Finding Amazon Unlawfully Retaliated Against Workers for Their Union Activities

On November 21, 2023, Administrative Law Judge Lauren Esposito issued a decision finding that Amazon.com Services LLC (Amazon) violated the National Labor Relations Act by dismissing employees early, altering employees’ work assignments, and subjecting employees to closer supervision in retaliation for the employees’ support for the Amazon Labor Union (the Union), or for engaging in protected concerted activities. The decision also found Amazon unlawfully interrogated employees, disparaged the Union by using appeals to racial prejudice and derogatory racial stereotyping, and prohibited employees from distributing Union literature and confiscating Union literature from employees. Judge Esposito ordered Amazon to cease and desist from further unlawful activity and to make the adversely affected worker whole for any loss of earnings and other benefits including any other direct or foreseeable pecuniary harms and any adverse tax consequences. Amazon must also post copies of a Notice to Employees for 60 days at its JFK8 and DYY6 facilities on Staten Island, New York, and distribute the Notice to Employees electronically. “Workers have the right to advocate collectively for a more equitable workplace — and it is unlawful for employers to prohibit or retaliate against them for doing so,” said NLRB Region 29 Director Teresa Poor. “I’m proud of the staff of Region 29 for diligently pursuing this significant case and litigating for strong, meaningful remedies.” The Judge’s Decision and Order was issued based on a Complaint and Notice of Hearing issued by Kathy Drew King, former Regional Director of Region 29 of the NLRB. Field Attorneys Emily Cabrera and Matthew Jackson of the NLRB’s Region 29 represented General Counsel Jennifer Abruzzo in proceedings before Judge Esposito.