A February 2021 California Division of Occupational Safety and Health (Cal/OSHA) press release trumpeted the agency’s enforcement efforts and its recently issued citations for COVID-19–related violations. Cal/OSHA continues to aggressively issue “serious” classification citations to California employers. For example, Cal/OSHA issued “serious” and “willful-serious” citations with hundreds of thousands of dollars in penalties against a sister agency, the California Department of Corrections and Rehabilitation dba San Quentin State Prison, for COVID-19–related violations.
On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive conduct in connection with union or other protected concerted activity.
Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, S185544 (December 27, 2012): The California Supreme Court recently held that although a supermarket’s privately owned entrance area is not a public forum where a union could assert free speech rights under the state Constitution, there is statutory protection for picketing activities under
A federal appellate court recently held that an employer violated federal labor law by disciplining an employee for sending union-related emails to her co-workers. The court disagreed with the National Labor Relations Board (NLRB), finding that “substantial evidence does not support the Board’s determination that [the employee] was disciplined for a reason other than that she sent a union-related email.”
Michelle’s Law provides that a group health plan that offers dependent coverage and conditions that coverage upon status as a full-time student may not terminate the dependent’s coverage when the dependent ceases to meet the “full-time” criteria due to a “medically necessary leave of absence.” This law is intended to protect parents of college students who lose “student status” due to illness from the financial burdens of COBRA.