Labor & Employment Law Blog

The National Labor Relations Board (NLRB) has developed a test for determining whether an employee who is engaged in activities which are protected by the National Labor Relations Act loses that protection by engaging in overly confrontational and inappropriate conduct toward his or employer.In the recent case of Plaza Auto Center v. NLRB, the Ninth Circuit Court of Appeals held that the NLRB misapplied ...

The National Labor Relations Board (NLRB) has developed a test for determining whether an employee who is engaged in activities which are protected by the National Labor Relations Act loses that protection by engaging in overly confrontational and inappropriate conduct toward his or employer. In the recent case of Plaza Auto Center v. NLRB, the Ninth Circuit Court of Appeals held that the NLRB misapplied this test in ordering an employee who engaged in such conduct to be reinstated to his job as a used car salesman in Yuma, Arizona.

On February 9, 2012, the federal Department of Labor (“DOL”) and the California Secretary of Labor announced a collaborative relationship between the agencies to target independent contractor misclassification. The DOL and the California Secretary of Labor signed a memorandum of understanding that touts the agencies’ focused “efforts on protecting the rights of employees.”

On February 9, 2012, the federal Department of Labor (“DOL”) and the California Secretary of Labor announced a collaborative relationship between the agencies to target independent contractor misclassification. The DOL and the California Secretary of Labor signed a memorandum of understanding that touts the agencies’ focused “efforts on protecting the rights of employees.”