In April of this year, a California Court of Appeal provided guidance for healthcare employers who had or continue to have vaccination mandates. In Hodges v. Cedars-Sinai Medical Center, the Court of Appeal ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccination mandate did not violate California’s Fair Employment and Housing Act prohibition on disability discrimination.
The Walt Disney Company has been accused of systematically underpaying its female employees in California in a lawsuit that alleges that female employees earned $150 million less than their male counterparts over an eight-year period.
Home Depot, one of the largest home improvement retailers in the US, has agreed to pay $72.5 million to end a long-running class action lawsuit alleging that the retailer underpaid workers in California. The preliminary settlement was filed last Thursday in a San Francisco federal court.
Starbucks has been ordered to pay $25.6 million to former Starbucks regional director Shannon Phillips who sued the coffee giant for wrongful termination, claiming she was terminated for being white.
Tesla may face a class-action lawsuit after 240 black factory workers described racism and discrimination at Tesla’s San Francisco Bay Area plant, including the use of racial slurs and references to the manufacturing site as a plantation or slave ship. It is estimated that at least 6,000 workers could be part of the class.
Last Tuesday, May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the “Memorandum”) on non-compete agreements. According to Abruzzo, non-compete agreements, in general, violate the National Labor Relations Act (“NLRA”). In addition, Abruzzo sets forth her view that the proffer, maintenance, and enforcement of employee non-compete agreements are unlawful under the NLRA.
On Thursday, May 18, 2023, the National Labor Relations Board (“NLRB”) issued a complaint against the University of Southern California (“USC”), the Pac-12 Conference, and the National Collegiate Athletic Association (“NCAA”), alleging that the three employers have continued misclassifying college athletes in men’s and women’s basketball and football as “student-athletes” rather than employees who are entitled to protections under the National Labor Relations Act (“NLRA”). If the action is successful, it would reclassify the athletes as employees and allow them to consider forming a union.
Last Wednesday, May 17, 2023, the US Department of Labor (“DOL”) Wage and Hour Division issued Field Assistance Bulletin No. 2023-2 (the “Bulletin”) to provide guidance on the enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”). The PUMP Act was passed on December 29, 2022, by the US Congress. The new law seeks to expand rights for lactating and breastfeeding employees by requiring employers to provide all employees who are nursing with reasonable time and private space to express breast milk.
Former St. John’s University men’s basketball coach, Mike Anderson, is suing the university for $45.6 million, alleging that the university fired him on false grounds. Specifically, he is suing for $11.4 million for the amount remaining on his deal before his termination and $34.2 million in punitive damages.
On Monday, May 5, in Borodaenko v. Twitter, Inc. (“Borodaenko”), a California federal judge mostly dismissed a putative class action alleging Twitter, Inc. of discriminating against employees with disabilities by requiring them to report to the office, put in long hours, and work at high intensity after the mass layoffs in November 2022. One plaintiff’s claims were dismissed, while the other plaintiff’s claims were sent to arbitration.