One of the most controversial issues in employment law these days involves the position of the National Labor Relations Board (“NLRB” or “Board”) that an employer violates the National Labor Relations Act (“NLRA”) when it requires employees to pursue any dispute they have with their employer on an individual, rather than on a class or
EEOC Releases FY2015 Data – Employment Law This Week
The top story on Employment Law This Week is the EEOC’s release of fiscal year 2015 enforcement data.
Retaliation claims were once again the number one type of charge filed, up 5% from last year for a total of 44.5% of all charges. Race claims were second, making up 34.7% of claims. 30.2% of charges
The Ninth Circuit Declines to Adopt Bright-Line Rule for Managers Claiming FLSA Retaliation
In a split decision, the Ninth Circuit Court of Appeals has declined to adopt a bright-line rule to assess whether a managerial employee has filed a complaint for the purposes of § 215(a)(3) of the Fair Labor Standards Act (“FLSA”), the statute’s anti-retaliation provision. The decision, Rosenfield v. GlobalTranz Enterprises, appears to highlight a
California’s 2014 Whistleblower Law to Expand Employee Protection
By David Jacobs and Amy B. Messigian
We would like to call your attention to a significant change to the whistleblower statute in California that went into effect on January 1. The statute, Cal. Lab. Code section 1102.5, has been substantially expanded beyond its prior form to now protect employees from retaliation for making