The National Labor Relations Board continues its lurch toward a more pro-union stance. Just in time for the New Year, the NLRB has proposed a rule that would make all employers under the NLRB’s jurisdiction, both union and non-union, notify employees of their rights under the National Labor Relations Act through a uniform workplace posting.  The public will have 60 days to comment on the proposed rule once it is published in the Federal Register. 

Continue Reading LAW ALERT: NLRB Trying to Ring in the New Year with Pro Union Activism

The Supreme Court of the United States has now agreed to address two questions raised by the Ninth Circuit’s decision affirming certification of a “gargantuan” nationwide class of more than a million current and former Wal-Mart employees, Dukes v. Wal-Mart, 603 F.3d 571 (9th Cir. 2010).

The Court agreed to review two questions regarding Dukes v. Wal-Mart: (1) “Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms is limited to injunctive or corresponding declaratory relief – and, if so, under what Circumstances,” and (2) “Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a).”

Continue Reading LAW ALERT: U.S. Supreme Court to Determine Nationwide Wal-Mart Class Action

The National Labor Relations Board recently created significant uncertainty about the permissible scope of an employer’s social media policy. The Board issued a complaint against an employer who fired an employee for posting negative comments about her supervisor on her Facebook page.

Continue Reading LAW ALERT: The NLRB’s Facebook Case: Employers Should Review Their Policies Dealing With Social Media

Modern-age advances in communications technology have brought both benefits and burdens to employers in recent times.  For example, email and the internet have greatly accelerated the pace by which employers may send and gather or receive vital information needed to stay competitive.  At the same time, those tools have, in some cases, distracted employees in ways that cut down on efficiency and productivity.

Continue Reading The Risk in Firing an Employee for Posting Negative Remarks on the Internet about a Boss

California Governor Arnold Schwarzenegger recently signed the Expedited Jury Trials Act (the “Act”) which is intended to streamline some lawsuits. Under this Act, parties to a lawsuit can agree to an expedited one-day jury trial. The parties may agree to proceed as follows:

Continue Reading LAW ALERT: Governor Signs Expedited Jury Trials Act