Developments in the labor and employment legal arena have become a haunted hayride for employers. From terrifying new rules and positions being taken by the National Labor Relations Board, to spine-tingling legislation, to scary anti-arbitration rulings, employers have a lot to be afraid of. Vampire plaintiffs’ attorneys are coming out of their coffins to drain the life out of employers who are not ready to adapt these spooky new changes in the law.

The National Labor Relations Board (“NLRB”) has filed a motion requesting publication of its recent win over Triple Play Sports Bar on October 23, 2015. Three D, LLC v. NLRB, No. 14-3284, slip op. (2d Cir. 2015). The Second Circuit Court of Appeals summarily upheld the NLRB’s decision which held that disparaging their employer on Facebook or “liking” or commenting on a post critical of their employer’s practices were protected employee speech and protected concerted activity under the National Labor Relations Act.

Due to continuing advances in technology, cameras and recording devices are now much smaller, cheaper, easier to use, and can reliably produce high quality video and audio. Moreover, due to the proliferation of smart phones, these devices are just about everywhere. As these devices enter the workplace, it raises important questions about privacy in the workplace and how that affects any reasonable expectations of privacy. Interference with certain privacy rights can subject employers to both civil and criminal liability.

Governor Brown rejected AB 465 on Sunday which would have instituted a blanket ban on mandatory arbitration agreements as a condition of employment. You can read more about the failed bill in our previous E-blast here. This bill comes as welcome news to employers facing an explosion of class action wage and hour litigation.

SLG has been receiving calls all week and has also heard a great deal of “chirping” in and around the industry about the impact of AB1513..... The Governor’s proposed fix to the non-productive time (“NPT”) litigation DISEASE that has spread throughout our industry.....

The National Labor Relations Board (“NLRB”) just overturned 30 years of precedent and set out a standard which expanded the zone of employer liability for violations of the National Labor Relations Act (“NLRA”). In yet another flagrant attempt to revitalize dying Unions, the NLRB’s new definition of joint employer could shake the foundations of many Employers across the board, including Ag processors, commercial packing houses, coolers, wineries; and other secondary commercial operations which would fall under the NLRA.  

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