Daily eBriefs - February 20, 2024

Administrative Where a case was remanded to the National Labor Relations Board to explain better its decision that an employer may unilaterally cease union dues checkoff after the expiration of a collective bargaining agreement and the board rendered a new decision readopting its prior rule prohibiting employers from unilaterally ceasing dues checkoff after expiration of a collective bargaining agreement, the board did not exceed the scope of the mandate since the mandate did not clearly foreclose reconsideration of the board’s underlying rule regarding dues checkoff after expiration of the applicable collective bargaining agreement. Valley Hospital Medical Center v. National Labor Relations Board - filed Feb. 20, 2024 Cite as 2024 S.O.S. 22-1804 Full text click here >about:blank

Daily eBriefs - February 8, 2024

Employment A whistleblower who invokes 18 U.S.C. §1514A must prove that his protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that his employer acted with retaliatory intent. Murray v. UBS Securities - filed Feb. 8, 2024 Cite as 2024 S.O.S. 22-660 Full text click here >http://sos.metnews.com/sos.cgi?0224//22-660_7648

Daily eBriefs - February 6, 2024

Employment The whistleblower anti-retaliation provisions in the Sarbanes-Oxley and Dodd-Frank Acts do not apply outside the United States. Daramola v. Oracle America - filed Feb. 6, 2024 Cite as 2024 S.O.S. 22-15959 Full text click here >

Daily eBriefs - January 30, 2024

Contracts An arbitration provision in a subscriber agreement that required the parties to arbitrate all disputes and permitted the arbitrator to grant only individual relief served to waive a consumer’s right to seek public injunctive relief in any forum; an injunction that seeks to prohibit a business from engaging in unfair or deceptive practices and marketing, requires it to provide enhanced pricing transparency, and requires it to comply with our consumer protection laws, has the primary purpose and effect of protecting the public. Ramsey v. Comcast Cable Communications - filed Dec. 29, 2023, publication ordered Jan. 29, 2024, Sixth District Cite as 2024 S.O.S. 426 Full text click here >http://sos.metnews.com/sos.cgi?0124//H049949

Daily eBriefs - January 24, 2024

Contracts If an employer successfully moved to stay a court action and proceed to arbitration, then waited more than 30 days to pay its share of the arbitrator’s initial filing fee, the employer waives its right to arbitration pursuant to Code of Civil Procedure §1281.97 et seq. Suarez v. Superior Court (Rudolph & Sletten) - filed Jan. 24, 2024, Fourth District, Div. One Cite as 2024 S.O.S. 326 Full text click here >http://sos.metnews.com/sos.cgi?0124//D082429.

Daily eBriefs - January 19, 2024

Employment A public retirement system’s resolution properly excluded compensation for accrued, but unused, hours of annual leave exceeding employees’ calendar year allowance for purposes of calculating their retirement benefits. Ventura County Employees’ Retirement Association v. Criminal Justice Attorneys Association of Ventura County - filed Jan. 4, 2024, publication ordered Jan. 18, 2024, Second District, Div. Six Cite as 2024 S.O.S. 261 Full text click here >http://sos.metnews.com/sos.cgi?0124//B325277.

Daily eBriefs - January 10, 2024

Employment A healthcare provider, who was neither an ERISA plan participant nor beneficiary, has derivative authority to enforce ERISA’s protections if it has received a valid assignment of rights. South Coast Specialty Surgery Center v. Blue Cross of California - filed Jan. 10, 2024 Cite as 2024 S.O.S. 22-55717 Full text click here >http://sos.metnews.com/sos.cgi?0124//22-55717