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.