Labor & Employment Law Blog

A recent NLRB decision in Lion Elastomers LLC, 372 NLRB 83 (May 1, 2023) restored prior Board law, which had used context-specific approaches to assess whether am employee’s outburst stripped him of protection under the National Labor Relations Act (the “Act”).  The decision by the current, three-member Democratic majority Board, makes it more difficult for employers to discipline or discharge employees who engage in profane, abusive or otherwise inappropriate conduct when done in connection with protected activity under the Act.  The restored law assesses employee conduct by applying highly amorphous setting-specific tests for the following various contexts: 

Strike and picketing activity have historically enjoyed broad protection under labor law.  This has often left employers suffering property or other damage as a result of strikes or picketing without a meaningful remedy.  A new U.S. Supreme Court ruling stands to change that.  

Employers may sue unions when members fail to take “reasonable precautions” to protect their employer’s property, even when the union members are engaged in a strike. On June 1, 2023, the Supreme Court ruled in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 (No. 21–1449), that an employer can bring state law claims for damages if union members engage in actions that expose their employer’s property to “foreseeable, aggravated, and imminent danger due to the sudden cessation of work.”

On May 19, 2020, the United States District Court for the Central District of California rejected a challenge to a provision of Assembly Bill 5 (“AB 5”) applicable to construction trucking companies. (Western States Trucking Ass’n v. Becerra, et al., 5:19-CV-02447-CAS (KKx) (5-18-2020)).

Berkeley’s Paid Sick Leave Ordinance took effect October 1, 2017.  The Berkeley minimum wage also increased on October 1, 2017.  And earlier this month, the City issued new guidance on its Family Friendly and Environment Friendly Workplace and Paid Sick Leave Ordinances.  The details of the Ordinances are outlined below.

Minimum Wage

Berkeley’s current minimum wage is $12.53 per hour and is scheduled to ...

The NLRB recently held that temporary employees and regular employees have a right to petition to join a combined bargaining unit, even if the staffing agency and employer object to the formation of the combined unit. In Miller & Anderson, 364 NLRB No. 9 (July 11, 2016), the National Labor Relations Board (“NLRB”) continued its campaign to undermine third-party staffing relationships.  The decision ...