Showing 3 posts from June 2022.

US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to claims under California's Private Attorneys General Act (PAGA) and limit class actions and quasi-class actions. More ›

Third Circuit Ruling Helps Clarify Reasonableness of Accommodations in Resolving Conflict Between Work Requirements and Employee Religious Beliefs or Practices

It just got harder to get out of working on the Sabbath on the basis of religion. The United States Court of Appeals for the Third Circuit recently issued its opinion in Groff v. Dejoy, rejecting a mail carrier's repeated attempts to avoid working on Sundays due to his religious beliefs. The Court's opinion centered on the reasonableness of accommodations that would adjust an employee's work schedule for religious reasons and ultimately concluded that granting Groff's request for a blanket exemption from Sunday work would have placed an undue hardship on the United States Postal Service. More ›

General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private Ballot Election

Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the National Labor Relations Board (NLRB or Board) agrees to adopt the position of its General Counsel in a brief filed on April 11th in Cemex Construction Materials Pacific, LLC, No. 28-CA-230115., the landscape regarding union representation of employees in the workplace will change dramatically. It will become much easier for unions to organize and more difficult for employers to insist upon a private ballot election. Employees also will lose the right to vote in a private ballot election in many situations. More ›