As widely anticipated, the U.S. Supreme Court just held by a 5-4 vote that fair share agreements are unconstitutional. (Janus v. AFSCME). The decision is effective immediately and requires all public bodies to cease deductions from their fair share members. Janus addresses […]
Category: Labor & Employment
EEOC Flexes Its Muscle on Anti-Harassment Litigation
In an unusual, coordinated litigation strategy, the U.S. Equal Employment Opportunity Commission (EEOC) last week filed seven lawsuits alleging workplace harassment. The lawsuits – which followed a reconvening of an EEOC task force on harassment – suggest that the EEOC […]
Last week, the National Labor Relations Board’s General Counsel issued a memorandum to NLRB regional offices interpreting the Board’s recent Boeing decision. In Boeing, the Board overturned that part of its Lutheran Heritagetest pursuant to which the Board invalidated facially-neutral work rules if they could be interpreted […]
According to the Prevailing Wage Act, in June of each year, all public bodies are required to investigate and ascertain the prevailing rate of wages within their jurisdiction and take action to publicly post those determinations. In the event a […]
In a limited opinion issued yesterday, the Supreme Court ruled in favor of a Colorado baker who refused to create a wedding cake for a same-sex couple. However, the Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights […]
On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts. The decision referred to here as “Epic Systems,” consolidated three separate cases– Epic Systems Corp. v. Lewis, Ernst & Young, LLP v. Morris, and NLRB […]
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee in that state unless the employer meets a three-prong “ABC” test. The Court’s ruling in Dynamex v. Superior Court […]
With Senate Confirmation of NLRB Member John Ring, NLRB Shifts to Republican Majority
Today, the Senate, voting along party lines 50 to 48, confirmed John Ring as a member of the National Labor Relations Board. With Ring’s confirmation, the five-member NLRB is now fully staffed with a 3-2 Republican majority membership. Ring, a […]