United States: The Widening California Divide: The Rejection Of Iskanian By Federal District Courts And Potential Resolution

In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over whether an arbitration agreement can waive an employee’s right to pursue a representative claim under the state’s Private Attorney General Act (PAGA). That divide has now widened as two more federal district courts have rejected the June 23, 2014, holding of Iskanian v. CLS Transp. Los Angeles, LLC, 327 P. 3d […]

By | January 14th, 2015 ||

United States: Tennessee’s New Social Media Law Gives Employers Dos And Don’ts Regarding Employee Privacy

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites, among other things. The law went into effect on January 1, 2015. Although it prohibits employers from taking certain actions, the Act also lists permissible actions, which may help employers navigate the numerous scenarios involving employees’ personal internet […]

By | January 13th, 2015 ||

United States: Higher Education Alert: NLRB Trend In Easing Unionization Continues With Recent Decision

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty members are managerial employees and thus not protected by the National Labor Relations Act; and (2) when the Board should decline to exercise jurisdiction over a college or university that claims to be a religious institution. (Proskauer had […]

By | January 13th, 2015 ||