Dartmouth Basketball Players Deemed “Employees” by NLRB
Collegiate athletes may be considered employees according to a recent decision on February 5, 2024, by the National Labor Relations Board.
California Employers to Notify Employees of Void Noncompete Agreements by February 14
In October 2023, California introduced a new law mandating that employers must issue individualized written notices to their current and former California employees by February 14, 2024, informing them that any noncompete clauses or agreements with their employers are rendered void and unenforceable under California law.
Trial Courts in California Cannot Strike PAGA Claims on Manageability Grounds
Last Thursday, January 18, California’s Supreme Court held in Estrada v. Royalty Carpet Mills, Inc. that trial courts lack inherent authority to strike a Private Attorneys General Act claim on manageability grounds. The ruling resolved a prior split of authority on whether PAGA claims may be stricken where there is no manageable way to try them.
SpaceX Sues the NLRB for Alleged Violation of U.S. Constitution
Elon Musk is in the news again. SpaceX sued the National Labor Relations Board on Thursday, January 4, 2024, claiming that the NLRB’s structure violates the U.S. Constitution. The lawsuit comes after the NLRB filed an administrative complaint against SpaceX, alleging that the company unlawfully fired eight employees who had drafted and circulated an open letter detailing workplace concerns at SpaceX.
Activision Blizzard to Pay $55 Million to Settle Workplace Discrimination Lawsuit
Videogame maker Activision Blizzard will pay $55 million to settle a 2021 lawsuit after allegations that it systematically discriminated against female employees.
Nurse Terminated Over Facebook Post About George Floyd Demonstrations
An arbitrator has found “just cause” for a nurse’s termination after she violated her employer’s social media policy by making offensive Facebook comments regarding demonstrations over the murder of George Floyd.
California Empowers Employees with Easier Retaliation Claims
California Governor Gavin Newsom has signed into law Senate Bill (“SB”) 497, a landmark piece of legislation designed to make it easier for employees to establish retaliation claims in the workplace. The new law will go into effect on January 1, 2024.
USCIS Publishes New I-9 Form
The United States Citizenship and Immigration Services (“USCIS”) has released a new I-9 Form.
California Governor Newsom Signs New Artificial Intelligence Executive Order
On September 6, 2023, Governor Gavin Newsom signed an executive order to guide the regulation of generative artificial intelligence (“GenAI”) in California. GenAI refers to technology that can be used to create, or generate, content. (Think of ChatGPT!)
5 Employment Bills Passed by California Lawmakers in 2023
September 14, 2023, marked the end of California’s State Legislative Session. As expected, the state legislature has passed several employment-law-related bills that will be presented to Governor Gavin Newsom for signature. He will have until October 14, 2023, to either sign or veto the bills. If passed, the bills discussed in this article will be effective from January 1, 2024.