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What I've Been Reading This Week



California's Harsh New Standard: Employers Can Recover Attorneys Fees Only if Employee Brought Wage Action in Bad Faith

Effective January 1, 2014, California Labor Code Section 218.5 provides that employers can only recover their attorneys fees if they prevail in a wage action suit if it can be shown the employee brought the action in bad faith.  This article gives a bit of background on how Senate Bill 462 was created and how this law came into effect.


New Jersey Inching Closer Towards Banning Employers From Asking About Applicant's Criminal History

David Katz does a great job explaining how New Jersey is on the verge of banning employers from asking potential employee's about their criminal history.  In a 6-3 vote, New Jersey’s Assembly Labor Committee advanced a bill that would prohibit New Jersey employers with 15 or more employees from asking candidates about their criminal history on employment applications, and from conducting criminal background checks on applicants prior to a conditional job offer.  Under the proposed legislation, only after the employer determines the candidate is qualified and provides a conditional job offer, may it inquire about and consider the individual’s criminal history.  However, before the employer can look into the candidate’s criminal history, it must first provide the candidate with a written notice of the inquiry and obtain the candidate’s consent.


Governor Brown's (CA) Veto of Union Agent & Represented Employee

This article includes Governor Brown's comments on his decision to veto AB 729 which would have established an evidentiary privilege that would prohibit the disclosure of confidential communications between represented employees and their union agents.  Had this been done, it could have impeded employers in investigations and lawsuits surrounding workplace conduct.  While this bill is dead for now, this might not be the last we hear of a similar pro union piece of legislation on the topic.

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NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

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San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
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NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

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