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Ross' Employment Law Blog

By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - World's Best.

Copyright (c) 2006, Ross Runkel

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The Future of Labor and Employment Law

Posted Monday May 5, 2008, 9:12 am, Over one day old

The Future of Labor and Employment Law in the United States by Katherine V.W. Stone at UCLA School of Law is a bold look at the future. Stone sees two possible futures: "Labor law will continue to atrophy, unions will continue to decline, and individual employment rights will be chipped away."

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Comments on joint petition rule

Posted Monday April 28, 2008, 8:32 am, Over one day old

This would result in a new form of consent election, featuring a joint union-employer petition, eliminating a requirement of a showing of interest, not allowing unfair labor practice charges to block the election, and allowing final resolution of disputes to be made by the Regional Director.

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Supreme Court tackles political activities payroll deductions

Posted Monday March 31, 2008, 9:51 am, Over one day old

"Does the First Amendment to the United States Constitution prohibit a state legislature from removing the authority of state political subdivisions to make payroll deductions for political activities under a statute that is concededly valid as applied to state government employers?"

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Gentry: Cert denied

Posted Monday March 31, 2008, 9:51 am, Over one day old

"under some circumstances such a provision would lead to a de facto waiver and would impermissibly interfere with employees' ability to vindicate unwaivable rights and to enforce the overtime laws."

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Schaumber to chair NLRB

Posted Wednesday March 19, 2008, 8:59 am, Over one day old

It's sad that the President and Senate cannot get together to fully staff the National Labor Relations Board. The White House today announced that President Bush intends to designate Peter C. Schaumber as Chairman of the National Labor Relations Board.

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Chamber v. Brown predictions

Posted Wednesday March 19, 2008, 8:59 am, Over one day old

Brown was argued this morning at the US Supreme Court. [ Details; briefs ] [ Transcript of argument ] The Court does not like facial challenges to the legality of statutes. National labor policy does not require states to allow state funds to be used for anti-union or pro-union advocacy.

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NLRB proposes new form of joint petitions for consent election

Posted Sunday March 9, 2008, 12:29 pm, Over one day old

In addition to these notices, the employer must also post copies of the Board's official Notice of Election in conspicuous places at least 3 full working days prior to 12:01 a.m. of the day of the election, as required under Sec. 103.20 of the Board's Rules and Regulations.

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No individual liability for retaliation

Posted Tuesday March 4, 2008, 10:49 am, Over one day old

An employee does NOT have a cause of action against an individual supervisor for retaliation under California's Fair Employment and Housing Act (FEHA). Only the employer itself - not the individual supervisor or manager - is liable for discrimination or retaliation under FEHA.

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25 words on Federal Express Corp v. Holowecki

Posted Wednesday February 27, 2008, 8:28 am, Over one day old

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25 words on Sprint/United Management

Posted Tuesday February 26, 2008, 7:08 am, Over one day old

Mendelsohn (US Supreme Court 02/26/2008) would decide whether so-called "me-too" evidence could be used in a discrimination case. It is the trial court that decides fact-sensitive questions on the relevance of evidence, subject to abuse-of-discretion review. Let the trial court do its job.

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