What's New - Rediger Labor Law

24 Jun Employer May Bar Union Organizers From Public Areas on its Property

Posted at 08:59h in Labor Law

On June 14, 2019, the National Labor Relations Board in UPMC Presbyterian held that an employer may bar nonemployees from soliciting its employees on behalf of a union on company property that is open to the public, provided the employer applies its policy in a...

10 Jun Employee’s Failure to Allege Religious Discrimination in EEOC Charge Not Fatal to Her Lawsuit

Posted at 14:33h in Employment Law

On June 3, 2019, the U.S. Supreme Court in Fort Bend County, Texas v. Davis held that an employee’s failure to file a charge with the EEOC alleging discrimination on the basis of her religion was not fatal to her lawsuit alleging religious discrimination against...

03 Jun No Attorney’s Fees for Employer That Prevails on Wage Claim, Even When Authorized in Contract

Posted at 09:57h in Employment Law

On May 24, 2019, a California court of appeal in Dane-Elec Corp. v. Bodokh reversed an award of attorney’s fees to an employer that prevailed on its complaint against its former chief executive officer to recover on a promissory note, and on the cross-complaint brought...

29 May California’s Meal and Rest Period Rules Do Not Apply to Property-Carrying Commercial Vehicle Drivers

Posted at 13:49h in Employment Law

On May 2, 2019, a U.S. District Court Judge in Ayala v. U.S. Xpress Enterprises, Inc. granted a trucking company’s motion for partial summary judgment dismissing the meal and rest period claim from a putative wage and hour class action. The Ayala court based its...

20 May The Forum that Hears a Worker’s Claim Will Determine Employee or Independent Contractor Status

Posted at 09:31h in Employment Law

The determination of whether a particular worker is an employee or an independent contractor will depend on the administrative or judicial forum adjudicating the question. This week, the Associate General Counsel of the National Labor Relations Board issued an Advice Memorandum where she applied “the...

13 May Intra-State Truck Driver Need Not Arbitrate Unpaid Wage Claim

Posted at 07:00h in Employment Law

On May 1, 2019, a California court of appeal in Muller v. Roy Miller Freight Lines, LLC affirmed a trial court’s order denying an employer’s petition to compel arbitration of a truck driver’s class action claim for unpaid wages, despite him agreeing in a signed...

06 May Ninth Circuit Applies Dynamex “ABC Test” for Determining Independent Contractor Retroactively

Posted at 10:57h in Employment Law

On May 2, 2019, the U.S. Court of Appeals for the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. vacated a summary judgment in favor of an international janitorial cleaning business that had classified its janitors as “independent contractors” rather than “employees” under California...

28 Apr Express Language in Agreement Required for Arbitration of Class Actions

Posted at 10:47h in Class Action

On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela held that judges may compel class action arbitration only where the parties have expressly agreed to do so in their arbitration agreement. Reversing a decision of the Ninth Circuit Court of...

What’s New