Daily eBriefs - April 25, 2023

Civil Procedure An order denying a renewed motion, including a renewed motion to compel arbitration, is not appealable. A sister district’s decision in Western Bagel Co. v. Superior Court is not new law under Code of Civil Procedure §1008 that justifies a different decision on an employer’s renewed motion to compel arbitration of an employee’s claims under the Labor Code and California Private Attorneys General Act. Westmoreland v. Kindercare Education - filed April 24, 2023, First District, Div. Two Cite as 2023 S.O.S. 1653 Full text click here >http://sos.metnews.com/sos.cgi?0423//A164090.

Daily eBriefs - April 25, 2023

Civil Procedure An order denying a renewed motion, including a renewed motion to compel arbitration, is not appealable. A sister district’s decision in Western Bagel Co. v. Superior Court is not new law under Code of Civil Procedure §1008 that justifies a different decision on an employer’s renewed motion to compel arbitration of an employee’s claims under the Labor Code and California Private Attorneys General Act. Westmoreland v. Kindercare Education - filed April 24, 2023, First District, Div. Two Cite as 2023 S.O.S. 1653 Full text click here >http://sos.metnews.com/sos.cgi?0423//A164090.

Daily eBriefs - April 24, 2023

Contracts Even when there is a very high degree of procedural unconscionability in a contract, substantive unconscionability is still required to invalidate the contract. Basith v. Lithia Motors - filed April 21, 2023, Second District, Div. Eight Cite as 2023 S.O.S. 1626 Full text click here > http://sos.metnews.com/sos.cgi?0423//B316098.

Daily eBriefs - April 19, 2023

Allegations that an employer essentially spied on employees when they were not working did not depend on any terms of the employees’ contracts with the employer, so the allegations were not arbitrable pursuant to an agreement that required the arbitration of contract disputes. Jackson v. Amazon - filed April 19, 2023 Cite as 2023 S.O.S. 21-56107 Full text click here >http://sos.metnews.com/sos.cgi?0423//21-56107.

Unfair Labor Practices Charge Filings Up 16%, Union Petitions Remain Up in Fiscal Year 2023

April 07, 2023 During the first six months of Fiscal Year 2023 (October 1–March 31), unfair labor practice (ULP) charges filed across the NLRB’s 48 field offices have increased 16%—from 8,275 to 9,592. After a substantial increase last Fiscal Year, union representation petitions filed at the NLRB for the first six months of Fiscal Year 2023 continue to increase—up to 1,200 from 1,174. In total, 10,792 cases have been filed with the NLRB’s 48 field offices across the country, up 14% over the same period in Fiscal Year 2022. This increase in filings continues last year’s surge in NLRB caseload. In Fiscal Year 2022, 2,510 union representation petitions were filed—a 53% increase from the 1,638 petitions field in Fiscal Year 2021. This was the highest number of union representation petitions filed since Fiscal Year 2016. Unfair labor practice charges filed with NLRB Field Offices also increased 19% in Fiscal Year 2022, from 15,082 charges in Fiscal Year 2021 to 17,988 charges in Fiscal Year 2022. Accounting for both ULP and representation petitions, total case intake at the Field Offices increased 23% in Fiscal Year 2022—from 16,720 cases in Fiscal Year 2021 to 20,498 cases in Fiscal Year 2022. This increase of 3,778 cases is the largest single-year increase since Fiscal Year 1976 and the largest percentage increase since Fiscal Year 1959. If the pace continues, Fiscal Year 2023 would have the second-largest percentage increase in NLRB filings since Fiscal Year 1959. The increased case intake at Field Offices occurs as the Agency struggles with funding and staffing shortages. In December, Congress gave the NLRB a $25 million increase for Fiscal Year 2023, ending a hiring freeze, preventing furloughs, and allowing the NLRB to backfill some critical staff vacancies. However, the Agency remains understaffed after almost a decade of flat funding. In the past two decades, staffing in Field Offices has shrunk by 50%. “I’m proud of NLRB Field and Headquarters staff for processing cases with professionalism and care, even as our caseload increases,” said NLRB General Counsel Jennifer Abruzzo. “The President’s Budget requests $376 million, which is much needed by the NLRB to effectively and efficiently comply with our Congressional mandate when providing quality service to the public in conducting hearings and elections, investigating charges, settling and litigating meritorious cases, and obtaining full and prompt remedies for workers whose rights are violated.”

Daily eBriefs - April 3, 2023

Employment A devout Jehovah’s Witness who had a state job offer rescinded after she objected to California’s loyalty oath because she believed it would violate her religious beliefs alleged an injury that was redressable only through a claim for damages; the plaintiff could seek damages from the state agency on her claims under Title VII and California Fair Employment and Housing Act but not under 42 U.S.C. §1983, which does not provide a cause of action to sue state entities or state officials in their official capacities. Bolden-Hardage v. California State Controller - filed April 3, 2023 Cite as 2023 S.O.S. 21-15660 Full text click here >http://sos.metnews.com/sos.cgi?0423//21-15660.