2018 Employment Labor Law Legal News Archives

December 2018

California Court Blocks Use of Employee Non-Solicit Clause

Wednesday, 12 December, 2018

A California Court of Appeal has affirmed a trial court ruling that invalidated an employer’s non-solicitation clause in its employment agreements and prohibited the employer from enforcing such clauses. As the court noted, plaintiff AMN Healthcare and defendant Aya Healthcare are competitors in the business of providing temporary healthcare professionals, including … continue reading

October 2018

Employer Cannot Rescind Job Offer to Medical Marijuana User

Saturday, 20 October, 2018

Employers’ “zero tolerance” policies for drug use are becoming increasingly problematic in the face of new laws legalizing the use of marijuana for social and medical purposes. In the case of Noffsinger v. SSC Niantic Operating Co. d/b/a Bride Brook Nursing & Rehab Center, a federal court in Connecticut found that an … continue reading

September 2018

Government Backs Engineers Who Want to Unionize

Thursday, 27 September, 2018

The National Labor Relations Board (NLRB) has issued a complaint against a company that allegedly violated federal labor laws when it fired 14 engineers who tried to form a union. In November of 2017, the defendant company, Lanetix, fired a respected female engineer who had been an advocate for better pay … continue reading

Restaurants Agree to End "No-Poach" Agreements

Monday, 3 September, 2018

Eight restaurant chains have agreed to stop using franchise agreements that prohibit workers from taking better-paying jobs at other branches of the same chain. As NPR reported, Applebee's, Church's Chicken, Five Guys, IHOP, Jamba Juice, Little Caesars, Panera, and Sonic have agreed to end the use of what are called "no-poach" agreements … continue reading

August 2018

Supreme Court Upholds Worker Arbitration Agreements

Thursday, 2 August, 2018

The US Supreme Court has ruled that employers may  use arbitration clauses in employment  agreements to prevent employees from bringing class actions over workplace  issues. As the New York Times  reports, this decision could affect 25 million employment contracts. The case arose out of three employment-related cases that were  appealed to the … continue reading

July 2018

Ohio State University Sued for Age Discrimination, Settles

Monday, 30 July, 2018

Two women, now age 62 and 67, sued Ohio State University, claiming that they were the victims of age discrimination. As the New York Times reported, the  two  women had worked in the university’s  English as a Second Language (ESL) program since  1983. In 2009, they said, a new director of the … continue reading

June 2018

California Supreme Court Strikes Blow against Gig Economy

Thursday, 14 June, 2018

The California Supreme Court has issued a ruling making is harder for companies to classify workers as independent contractors rather than employees. Many "gig economy" companies, like Uber and Lyft, pay workers as contractors and are based in California, so this ruling would apply to them. As the court's decision notes, On the … continue reading

Do Bigger Companies Lead to Small Paychecks?

Tuesday, 5 June, 2018

Antitrust law in the US began with the Sherman Antitrust Act of 1890. In the late 1800s, many industries were becoming increasingly consolidated. For example, hundreds of small, local railroads were combined into giant regional or national systems. John D. Rockefeller used threats against competitors and secret deals with railroads to … continue reading

Does Targeting Young Job Applicants in Facebook Ads Violate Age Discrimination Laws?

Saturday, 2 June, 2018

The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate against job applicants who have reached or passed the age of 40. The same law prohibits advertising for job applicants that expresses a preference or limitation based on age. Unless age is a legitimate occupational qualification, it cannot … continue reading

May 2018

Trump Administration Makes It Easier to Fire Federal Workers

Wednesday, 30 May, 2018

President Trump has signed a series of executive orders that could make it easier to fire federal workers. In doing so, he took steps toward fulfilling a campaign promise to reduce “waste, fraud and abuse” in federal bureaucracy, according to the Washington Post. According to the Office of Personnel Management (OPM), … continue reading

Court Rules That Civil Rights Act Applies to Gay Skydiving Instructor

Wednesday, 9 May, 2018

As I blogged about last year, US courts are dealing with a number of cases that address the issue of whether civil rights laws apply when people are allegedly discriminated against based on their sexual orientation. As I noted, the Seventh Circuit Court of Appeals in Chicago ruled that Title VII of the … continue reading

February 2018

Ninth Circuit Upholds Grand Jury Subpoena to Glassdoor

Saturday, 10 February, 2018

As Reuters reported, the Ninth Circuit Court of Appeals has ruled that Glassdoor must disclose information about users who posted anonymous comments about working at a company under investigation. Glassdoor is a site where employees and former employees can post reviews and other information about companies and their management, including information … continue reading

January 2018

Will Supreme Court Limit Protection for Whistle-Blowers?

Tuesday, 16 January, 2018

A case pending in the US Supreme Court could limit protections for people who say they were fired for reporting wrongdoing by their companies. The case, Digital Realty Trust v. Somers, arose when Paul Somers, an executive with Digital Realty (a real estate investment trust) told his superiors at the company … continue reading

Do Facebook Job Ads Aid Age Discrimination?

Thursday, 4 January, 2018

Facebook (along with other social media platforms) allows ads to be targeted to very specific audiences. For example, if you live in Los Angeles and recently changed your marital status to "separated," there are a lot of LA divorce lawyers who'd like you to see their ads. The practice of reaching people … continue reading