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Starbucks Corp. v. McKinney
Rejecting the Sixth Circuit's two-part test, courts must use the traditional four-factor test to evaluate the NLRB's request for a preliminary injunction under NLRA Section 10(j). 		Labor Law USSC Jun. 14, 2024
Amending Order: Valley Hospital Medical Center, Inc. v. National Labor Relations Board
Ninth Circuit's remand order did not foreclose the National Labor Relations Board from changing its ruling and interpretation of the National Labor Relations Act. 		Labor Law 9th May 7, 2024
National Labor Relations Board v. Siren Retail Corp.
National Labor Relations Board regional director acted within his discretion when he ordered mail-ballot election to select union representative where health data showed increase in COVID-19 cases. 		Labor Law, Administrative Agencies 9th Apr. 25, 2024
Kern County Hospital Authority v. Public Employment Relations Board
Public agency hospital's unilateral change in disallowing group grievances without bargaining with union representatives violated the Meyers-Milias-Brown Act. 		Labor Law 5DCA Mar. 20, 2024
Valley Hospital Medical Center, Inc. v. National Labor Relations Board
Ninth Circuit's remand order did not foreclose the National Labor Relations Board from changing its ruling and interpretation of the National Labor Relations Act. 		Labor Law 9th Feb. 21, 2024
National Labor Relations Board v. Valley Health System LLC
Written assignments for union dues checkoff did not need to expressly state revocation opportunities to comply with the provisions of the Taft-Hartley Act. 		Labor Law 9th Feb. 21, 2024
Visalia Unified School Dist. v. Public Employment Relations Bd.
Despite a correct finding of retaliation, school district met its burden of establishing that it would have terminated employee notwithstanding its improper anti-union motives. 		Labor Law 5DCA Jan. 11, 2024
Palomar Health v. National Nurses United
Public employer's civil trespass complaint was preempted by administrative proceeding alleging its suit was an unfair labor practice because conduct underlying its complaint was arguably protected by public labor laws. 		Labor Law 4DCA/1 Dec. 19, 2023
Sanders v. County of Ventura
Opt-out fees were not part of employees' "regular rate" of pay, but rather were exempted as contributions irrevocably made by an employer pursuant to health insurance plan. 		Labor Law 9th Dec. 1, 2023
Kava Holdings LLC v. National Labor Relations Board
Refusal to rehire union-affiliated former employees upon completion of hotel renovations was unlawful discrimination where employer's stated reasons for the refusal were pretextual and antiunion animus contributed to the decision. 		Labor Law 9th Oct. 19, 2023
Glacier Northwest, Inc. v. Teamsters
The National Labor Relations Act did not preempt company's tort claims alleging that its employee union intentionally let concrete dry in the trucks during a labor dispute. 		Labor Law USSC Jun. 2, 2023
Ohio Adjutant General's Dept. v. Federal Labor Relations Authority
Federal Labor Relations Authority had jurisdiction over labor dispute because a State National Guard acts as a federal agency for purposes of the FSLMRS. 		Labor Law USSC May 19, 2023
National Labor Relations Board v. Aakash, Inc.
The President of the United States may remove the General Counsel of the National Labor Relations Board without cause. 		Labor Law 9th Jan. 30, 2023
Betancourt v. OS Restaurant Services, LLC
Employee who requested fees and costs at the beginning of action for missed rest periods was entitled to them as the prevailing party in an action regarding nonpayment of wages. 		Labor Law 2DCA/8 Sep. 14, 2022
County of San Joaquin v. Public Employment Relations Bd.
Public Employment Relations Board's new test providing a defense to interference with protected union activity does not treat employers who enter strike replacement contracts as having committed inherently destructive conduct. 		Labor Law 3DCA Sep. 9, 2022
National Labor Relations Board v. Ampersand Publishing
National Labor Relations Board did not abuse its discretion by ordering an employer to reimburse a union for legal fees incurred during the contract bargaining process as a result of employer's unfair labor practices. 		Labor Law 9th Aug. 12, 2022
Naranjo v. Spectrum Security Services, Inc.
Failure to pay premium pay under Labor Code Section 226.7 can support relief for failure to pay wages upon termination and failure to provide accurate wage statements. 		Labor Law CASC May 24, 2022
Moreno v. UtiliQuest
Where former employee's state law claims also involve union activity claims, the National Labor Relations Act preempts the state employment claims. 		Labor Law 9th Mar. 21, 2022
Columbia Export Terminal v. International Longshore and Warehouse Union
RICO claims are precluded by Labor Management Relations Act Section 301 when the claims are based on rights created by or its resolution depends on a collective bargaining agreement. 		Labor Law 9th Jan. 6, 2022
Williams v. RGIS, LLC
Employee agreements containing an arbitration agreement that waived Private Attorney General Act representative actions are unenforceable and are contrary to public policy. 		Labor Law 3DCA Oct. 20, 2021
Crestwood Behavioral Health v. Lacy
Arbitration agreement did not supplant Labor Commissioner's ability to investigate employee's employment violation complaints against former employer. 		Labor Law 1DCA/3 Oct. 20, 2021
SEIU-USWW v. Preferred Building Services, Inc.
In the context of the Displaced Janitors Opportunity Act, a services contract terminated on the actual last day services were provided, rather than the later, stated date of termination. 		Labor Law 1DCA/5 Oct. 19, 2021
Wasito v. Kazali
Labor Code Sections 206 and 206.5 preclude Code of Civil Procedure Section 998 offer that resolves disputed wage claims if there are undisputed wages due at time of offer. 		Labor Law 2DCA/6 Sep. 1, 2021
Taylor v. Financial Casualty & Surety
Surety did not have requisite control over plaintiffs' fugitive recovery work, and thus it was not their employer. 		Labor Law 4DCA/1 Aug. 19, 2021
Busker v. Wabtec
Work installing electrical equipment on Metrolink locomotives and rail cars does not fall within the definition of 'public works' under Labor Code Section 1720(a)(1); thus, plaintiff was not entitled to prevailing wages. 		Labor Law CASC Aug. 17, 2021
Mendoza v. Fonseca McElroy Grinding Co., Inc.
Prevailing wage law does not support interpretation of Labor Code Section 1772 that expands law's scope beyond defined 'public works.' 		Labor Law CASC Aug. 17, 2021
Jamie Zepeda Labor Contracting v. Department of Industrial
Employers' failure to pay wages in accordance with prompt final wage payment mandate, in absence of accompanying minimum wage violation, cannot support issuance of Labor Code Section 1197.1 citations. 		Labor Law 4DCA/1 Aug. 16, 2021
Johnson v. Maxim Healthcare Services, Inc.
Although plaintiff's individual claim was time-barred, she may still pursue representative claim under Private Attorney General Act. 		Labor Law 4DCA/1 Jul. 22, 2021
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. 		Labor Law 9th Jul. 21, 2021
Mauia v. Petrochem Insulation
In Outer Continental Shelf, state law can only be applied where gap in federal law exists. 		Labor Law 9th Jul. 21, 2021
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