Earlier this week, the Ninth Circuit Court of Appeals overturned for the second time a decision by the National Labor Relations Board, and held that two Las Vegas casinos violated the National Labor Relations Act by unilaterally terminating dues checkoff without first bargaining with the union over that decision. Local Joint Executive Bd v. NLRB
Stoel Rives Offers Seminar on Oregon’s New Noncompete Law
Legislation that significantly altered an employer’s ability to utilize noncompete agreements in the state of Oregon took effect on January 1, 2008. How has the new law impacted corporate policies around restrictive covenants? What are the new best practices you need to implement to stay in compliance?
For answers to these questions and more, join
California Court Upholds One Year Statute of Limitation to Arbitrate FEHA Claim
If you’ve followed the development of California law on the enforceability of arbitration agreements in the last few years, you know it’s complex. And last week, it just got a little more so, although in a way that might be good for employers. In Pearson Dental v. Superior Court, the California Court of Appeal
Russian Judge: Sex Harassment Necessary for Procreation
It’s a slow news week in American labor and employment law, so we have to go all the way to Russia for a newsworthy story: a Russian judge recently ruled that sex harassment is lawful because it’s necessary for human procreation. According to the judge, sex harassment is "gallant," not criminal: "If we had no
Major Changes to ADA Coming
Here’s something to be watching: a bill currently winding its way through Congress is likely to bring significant changes to the Americans with Disabilities Act. The bill, knows as the ADA Amendments Act ("ADAAA"), will greatly broaden the scope of the ADA.
Some highlights of the ADAAA:
- Reverses several Supreme Court decisions that have seemingly narrowed
Washington Mail Carrier Demands Right to Wear Kilt at Work
A 6-foot-tall, 250-pound mail carrier in Lacey, Washington, wants the U.S. Postal Service to add kilts as a uniform option for men, according to this article from the Seattle PI. David Peterson, the mail carrier/kilt enthusiast in question, has successfully lobbied the Oregon and Washington mail carrier union locals to endorse kilts; however, his efforts were
California Employers Required To Offer, But Not Police, Meal and Rest Breaks
California employers scored a major victory regarding meal and rest periods as the result of a new California Court of Appeals decision, Brinker Restaurant Corp. v. Superior Court. Under the ruling, employers must provide meal periods by making them available, but need not ensure that they are taken. To read Stoel Rives’ detailed synopsis of the
California Paid Sick Leave Bill Dies in Committee
A California bill to provide universal paid sick leave died in committee last week, following intensive lobbying efforts from small businesses and their lobbyists. The bill would have granted employees of small companies in California up to five days of paid sick leave each year, while workers at larger companies could take up to nine
California Supreme Court Confirms Noncompetes Are Invalid
In a 7-0 decision yesterday, the California Supreme Court held that a noncompetition agreement signed by a former Arthur Andersen CPA was invalid under California law. In Edwards v. Arthur Andersen LLP, the court reminded us that noncompetition agreements are invalid under California’s Business and Professions Code section 16600, even if they are written narrowly enough not to
New Study Suggests Defendants Should Try More Cases
According to a recent study, plaintiffs in civil lawsuits should be more willing to settle their cases, and perhaps defendants should stick to their guns and take more cases to trial.
The study (as reported in this New York Times article), concludes that when plaintiffs reject the defendant’s settlement offer and go to trial, they end up with a