Daily eBriefs - April 24, 2024

Civil Procedure Where the appellate court’s instructions on remand required the trial court to do more than perform a pure mathematical computation of fees, or add or delete a category of fees, and the trial court had to exercise its discretion to determine an appropriate award of attorney fees, the prior opinion was a reversal, not a modification, and interest on the award runs from the post-remand fee order. Vines v. O’Reilly Auto Enterprises - filed April 24, 2024, Second District, Div. Seven Cite as 2024 S.O.S. 1421 Full text click here >http://sos.metnews.com/sos.cgi?0424//B327821

Daily eBriefs - April 24, 2024

Employment Law The National Labor Relations Board’s cease-and-desist order was final and reviewable even though the board had severed the question of whether to adopt a compensatory remedy for the employer’s conduct where nothing in the order suggested that the severed issue would have any effect on the board’s conclusion regarding the underlying charge. National Labor Relations Board v. Siren Retail (Workers United) - filed April 24, 2024 Cite as 2024 S.O.S. 22-1969 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-1969. Employment A public university did not violate an employee’s due process rights by denying her a Skelly proceeding before she was demoted since the demotion was the result of her voluntary decision to transfer to a lower paying position. LaMarr v. Regents of the University of California - filed April 5, 2024, publication ordered April 23, 2024, Third District Cite as 2024 S.O.S. 1431 Full text click here >http://sos.metnews.com/sos.cgi?0424//C097235.

Daily eBriefs - April 22, 2024

Employment Law A disability-based harassment claim is available under the Americans with Disabilities Act and the Rehabilitation Act. Mattioda v. Nelson - filed April 22, 2024 Cite as 2024 S.O.S. 22-15889 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-15889 Employment Law Nonconvicted incarcerated individuals working in a county jail for a private company do not have a claim for minimum wage and overtime under California law. Ruelas v. County of Alameda - filed April 22, 2024 Cite as 2024 S.O.S. 1377 Full text click here >http://sos.metnews.com/sos.cgi?0424//S277120A

Daily eBriefs - April 19, 2024

Contracts An employer waived its right to compel arbitration in a certified wage and hour class action by unreasonably delaying its motion to compel where the employer did not attempt to enforce its alleged arbitration rights until nine months after Viking River Cruises v. Moriana was decided, and five to six months after the class members signed new arbitration agreements. Semprini v. Wedbush Securities - filed April 18, 2024, Fourth District, Div. Three Cite as 2024 S.O.S. 1353 Full text click here >http://sos.metnews.com/sos.cgi?0424//G062622. Employment Law An employee subject to alleged Labor Code violations by her employer may bring a non-individual or representative PAGA action on behalf of herself and other employees even if she did not file an individual cause of action seeking individual relief for herself. Balderas v. Fresh Start Harvesting - filed March 3, 2024, publication ordered April 18, 2024, Second District, Div. Six Cite as 2024 S.O.S. 1358 Full text click here >http://sos.metnews.com/sos.cgi?0424//B326759.

Employment Law An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. Muldrow v. City of St. Louis, Missouri - filed April 17, 2024 Cite as 2024 S.O.S. 22-193 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-193_q86b.

Daily eBriefs - April 12, 2024

Contracts A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the Federal Arbitration Act. Bissonnette v. LePage Bakeries - filed April 12, 2024 Cite as 2024 S.O.S. 23-51 Full text click here >http://sos.metnews.com/sos.cgi?0424//23-51_6647

Daily eBriefs - April 10, 2024

Contracts Federal Arbitration Act §1’s transportation worker exemption does not extend to business entities or to commercial contracts with delivery service partners. Fli-Lo-Falcon v. Amazon.com - filed April 10, 2024 Cite as 2024 S.O.S. 22-35818 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-35818.

NLRB Division of Judges Releases 2024 Bench Book

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. NLRB Division of Judges Releases 2024 Bench Book 04/03/2024 09:21 AM EDT April 03, 2024 Washington, D.C - The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces the last update issued in April 2023. The Bench Book serves as an NLRB trial manual and is designed to provide NLRB Administrative Law Judges (ALJs) with a reference guide during hearings. It is also a useful tool for practitioners before the Board because it sets forth Board precedent and other rulings and authorities on certain recurring procedural and evidentiary issues that may arise during hearings. This year’s edition includes citations to numerous additional Board and court decisions. It also includes the most recent amendments to the Federal Rules of Evidence. The 2024 edition was edited by ALJ Jeffrey Wedekind, who has served as editor since 2010, and ALJs Mara-Louise Anzalone, Paul Bogas, Lauren Esposito, and Sharon Steckler as associate editors. It also includes a foreword by Chief ALJ Robert Giannasi describing the Bench Book’s history and purpose.

Union Petitions Up 35%, Unfair Labor Practices Charge Filings Up 7% in the First Half of Fiscal Year 2024

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. Union Petitions Up 35%, Unfair Labor Practices Charge Filings Up 7% in the First Half of Fiscal Year 2024 04/09/2024 09:29 AM EDT April 09, 2024 During the first six months of Fiscal Year 2024 (October 1–March 31), union election petitions filed at NLRB field offices rose 35% over the same period in Fiscal Year 2023. Notably, this is driven by a spike in employer-filed RM-petitions, after the Board’s Cemex decision, accompanied by an uptick in employee-filed RC-petitions. In total, 1,618 petitions were filed during this time, compared with 1,199 in the first half of Fiscal Year 2023. Of the recent petitions, 1,137 were RC-petitions and 281 were RM-petitions. At the same time, unfair labor practice (ULP) charges filed across the NLRB’s field offices have increased 7%—from 9,612 to 10,278. Accounting for union petitions and unfair labor practice charges, the NLRB received 11,896 cases in the first half of Fiscal Year 2024, up 10% over the first half of Fiscal Year 2023 when the field offices received 10,811 cases. This increase in filings continues the surge in NLRB caseload in recent years. In Fiscal Year 2023, ULP charges were up 10% and election petitions were up 3% over the previous year. In Fiscal Year 2022, union petitions were up 53% and ULP charges filed increased 19% over Fiscal Year 2021. The surge in caseload occurs as the Agency struggles with funding and staffing shortages. Last month, Congress flat-funded the NLRB at $299.2 million at a time when more resources are desperately needed. Last year, Congress gave the NLRB a $25 million increase, which ended a hiring freeze, prevented furloughs, and allowed the NLRB to backfill some critical staff vacancies. However, the Agency remains understaffed after flat funding in nine of the past 10 years. In the past two decades, staffing in field offices has shrunk by 50%. “As the NLRB’s case intake reflects a critical moment in our nation’s history, I’m proud of NLRB Field and Headquarters staff for processing cases with professionalism and care,” said NLRB General Counsel Jennifer Abruzzo. “However, Congress needs to fully fund 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 5, 2024

Employment The Emergency Ambulance Employee Safety and Preparedness Act clarified existing law, but even if it changed existing law, retroactive application of the act satisfies constitutional requirements. Silva v. Medic Ambulance Service - filed April 4, 2024, First District, Div. One Cite as 2024 S.O.S. 1264 Full text click here >http://sos.metnews.com/sos.cgi?0324//A167098.

NLRB Division of Judges Releases 2024 Bench Book

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. NLRB Division of Judges Releases 2024 Bench Book 04/03/2024 09:21 AM EDT April 03, 2024 Washington, D.C - The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces the last update issued in April 2023. The Bench Book serves as an NLRB trial manual and is designed to provide NLRB Administrative Law Judges (ALJs) with a reference guide during hearings. It is also a useful tool for practitioners before the Board because it sets forth Board precedent and other rulings and authorities on certain recurring procedural and evidentiary issues that may arise during hearings. This year’s edition includes citations to numerous additional Board and court decisions. It also includes the most recent amendments to the Federal Rules of Evidence. The 2024 edition was edited by ALJ Jeffrey Wedekind, who has served as editor since 2010, and ALJs Mara-Louise Anzalone, Paul Bogas, Lauren Esposito, and Sharon Steckler as associate editors. It also includes a foreword by Chief ALJ Robert Giannasi describing the Bench Book’s history and purpose.

Daily eBriefs - March 26, 2024

Employment Law Employees who prevail in actions to recover unpaid minimum and overtime wages are entitled to their reasonable litigation costs under Labor Code §1194(a), irrespective of the amount recovered. Gramajo v. Joe's Pizza on Sunset - filed March 25, 2024, Second District, Div. Eight Cite as 2024 S.O.S. 1110 Full text click here http://sos.metnews.com/sos.cgi?0324//B322697

Daily eBriefs - March 12, 2024

Contracts A plaintiff who worked at a California warehouse facility which received merchandise from mostly international locations belonged to a class of workers engaged in foreign or interstate commerce and was therefore exempted from the Federal Arbitration Act; an employee is not categorically excluded from the transportation worker exemption simply because he performs duties on a purely local basis. Ortiz v. Randstad Inhouse Services - filed March 12, 2024 Cite as 2024 S.O.S. 23-55147 Full text click here >http://sos.metnews.com/sos.cgi?0324//23-55147.

Daily eBriefs - March 11, 2024

Intellectual Property An employer was the prevailing party on its trade secret misappropriation claim where a jury found the defendant misappropriated its trade secrets, even though the jury also found that the misappropriation did not cause the employer to suffer damages or the employee to be unjustly enriched. Applied Medical Distribution v. Jarrells - filed March 8, 2024, Third District, Div. Eight Cite as 2024 S.O.S. 958 Full text click here >

NLRB’s Joint-Employer Rule Vacated by U.S. District Judge

NLRB’s Joint-Employer Rule Vacated by U.S. District Judge 03/09/2024 06:12 PM EST March 09, 2024 On Friday evening, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s recent rule on determining the standard for joint-employer status and the Board’s rescission of the 2020 joint-employer rule. Judge Barker had previously stayed the joint-employer rule until March 11, 2024. “The District Court’s decision to vacate the Board’s rule is a disappointing setback, but is not the last word on our efforts to return our joint-employer standard to the common law principles that have been endorsed by other courts," said Chairman Lauren McFerran. "The Agency is reviewing the decision and actively considering next steps in this case.”

Daily eBriefs - March 5, 2024

Evidence A district court did not abuse its discretion in granting dismissal under Federal Rule of Civil Procedure 37(e)(2) of an employment discrimination action because of intentional spoliation of electronically stored information by the plaintiff where ample circumstantial evidence showed that the plaintiff acted willfully, and the district court properly relied on an inference that her deletion of text messages with co-workers and her coordination with witnesses to delete messages was prejudicial to the defendant. Jones v. Nathanson - filed March 6, 2024 Cite as 2024 S.O.S. 22-16465 Full text click here >http://sos.metnews.com/sos.cgi?0324//22-16465

Daily eBriefs - February 28, 2024

Contracts Code of Civil Procedure §1281.98 entitled an employee to withdraw from the arbitration of his claims against his employer due to his employer’s failure to pay the arbitrator’s invoices; §1281.98 does not allow for any extension of time for the due date absent an agreement by all parties; §1281.98 is not preempted by the Federal Arbitration Act. Hohenshelt v. Superior Court (Golden State Foods) - filed Feb. 27, 2024, Second District, Div. Eight Cite as 2024 S.O.S. 753 Full text click here >http://sos.metnews.com/sos.cgi?0224//B327524.

Daily eBriefs - February 20, 2024

Employment Law The National Labor Relations Act prohibits employers from unilaterally ceasing dues checkoff after the expiration of a collective bargaining Agreement; the Taft-Hartley Act does not require specific language in the employees’ written assignments concerning revocability upon expiration of the collective bargaining agreements. National Labor Relations Board v. Valley Health System - filed Feb. 20, 2024 Cite as 2024 S.O.S. 23-137 Full text click here >http://sos.metnews.com/sos.cgi?0224//23-137.

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

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