“Suitable seating” class actions have been on the rise in the last couple of years in California. The first “suitable seating” class action is currently under review by a trial judge in San Francisco. However, in the meantime, the Ninth Circuit has decided to consider a related case against Wal-Mart, where plaintiffs’ attorneys are claiming
Labor Law
Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
By Ramona Carrillo on
Posted in FMLA and Other Leaves of Absence, Labor Law
Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed (full opinion may be found here: http://www.ca6.uscourts.gov/opinions.pdf/12a1152n-06.pdf).Continue Reading Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
NLRB Continues Crackdown on Company Social Media Policies
By Ramona Carrillo on
Posted in Labor Law
By: James Kachmar
Those of you who attended our November 15, 2012 seminar, “Risks and Benefits of Social Media and Computers in the Workplace,” heard us discuss recent actions taken by the National Labor Relations Board (“NLRB”) regarding Social Media Use Policies adopted by employers to address the many issues that may arise with the increased use of social media (Facebook, LinkedIn, Twitter, etc.) by their employees. As we mentioned, the NLRB was slow to address the issue of social media in the workplace. However, the NLRB has recently become much more active and more critical in how it views social media policies and their impact on the rights of employees to organize.Continue Reading NLRB Continues Crackdown on Company Social Media Policies
San Jose Joins San Francisco in Adopting Its Own Minimum Wage Requirement
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
On November 6, 2012, nearly sixty percent of San Jose’s residents voted to raise San Jose’s minimum wage to $10.00. In doing so, San Jose became the fifth city in the United States to institute a higher minimum wage than otherwise required, joining San Francisco, Washington, D.C., Albuquerque and Santa Fe.
The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)
By Ramona Carrillo on
Avery Richey, a sales manager at Power Toyota of Cerritos (“Toyota”), went on medical leave under the California Family Rights Act (“CFRA”) due to a back injury. While on leave, Toyota learned Richey was working at a restaurant he owned. Toyota dispatched an employee and a supervisor to Richey’s business, where they observed him sweeping, bending over, using a hammer to hang a sign, taking orders, and acting as a cashier. Toyota’s employee handbook provided: “You are not allowed to accept employment with another company while you are on approved [CFRA] leave.” Toyota believed Richey was violating this policy and misusing his leave and terminated Richey’s employment four weeks before the expiration of his approved medical leave.Continue Reading The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)