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9th Circ. Sends Ambulance Tech s Break Suit To Calif. Court
Law360 (May 5, 2021, 3:03 PM EDT) An ambulance technician s proposed class action claiming her employer violated California law by requiring workers to stay on call during breaks does not belong in federal court, the Ninth Circuit ruled, finding the dispute does not require a court to interpret a labor contract.
In an unpublished decision released Tuesday, the Ninth Circuit panel said a lower court improperly denied Meghan Silva s attempt to return her lawsuit against Medic Ambulance Service Inc. to a state court. The panel said the suit is a dispute over state law, not the interpretation of a collective bargaining agreement between Medic and United Emergency Medical.
National Labor Relations Board Social Media and Blogging Policies: Approach With Caution insideindianabusiness.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from insideindianabusiness.com Daily Mail and Mail on Sunday newspapers.
Posted4/27/2021 1:00 AM
We live in a time when the power and influence of social media are at all-time highs.
Employees worldwide are using various social media platforms to voice their opinions; from the current TV series they re binging to the new restaurant they tried last night.
In addition, many employees are engaged in digital activism. Whether it s regarding high-profile cases of police brutality toward Black people, the rollout of COVID vaccines or working from home, there has been a rapid growth of online discussions linked to the employee-employer relationship.
In light of this, it is imperative that employers review their social media policies before enforcing or restricting employees use of social media or disciplining employees for their use of social media. It is essential to confirm that such employer policies are consistent with the National Labor Relations Act ( NLRA ). Under the Trump administration, the National Labor Relations Board ( Board ) certainly ad
. That decision replaced the Board’s prior standard under
Lutheran Heritage Village-Livonia, which ruled that an unlawful chilling effect occurs whenever employees would reasonably construe a workplace rule to limit their protected activities. Under the standard in
Lutheran Heritage the Board waged a war on handbooks by invalidating many sensible rules concerning civility, honesty, respect, and other norms of behavior. The Board found ambiguous or subjectively defined rules that could cause confusion among employees about their rights to be unlawful. Under
The Boeing Co. the Board limited its review of rules that only implicitly or explicitly restrict employee activities, and balanced alleged restrictions against employers’ legitimate justifications for regulating conduct in the workplace. The war was over, for a time.
. That decision replaced the Board s
prior standard under
Lutheran Heritage Village-Livonia,
which ruled that an unlawful chilling effect occurs whenever
employees would reasonably construe a workplace rule to limit their
protected activities. Under the standard in
Lutheran
Heritage the Board waged a war on handbooks by invalidating
many sensible rules concerning civility, honesty, respect, and
other norms of behavior. The Board found ambiguous or subjectively
defined rules that could cause confusion among employees about
their rights to be unlawful. Under
The Boeing Co. the
Board limited its review of rules that only implicitly or
explicitly restrict employee activities, and balanced alleged