Supreme Court Rules Illegal Aliens Not Entitled to Backpay

The Supreme Court has refused to enforce a National Labor Relations Board order holding instead that illegal aliens terminated in violation of the NLRA are not entitled to backpay. Hoffman Plastic Compounds v. NLRB.

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Mandatory Arbitration Agreements Okay Where Employee May Opt-out

On remand from Supreme Court following its decision in Circuit City v. Adams, the Ninth Circuit held an employee's agreement to participate in his employer's mandatory arbitration plan was valid because he was offered the opportunity to opt-out of the arbitration plan. Circuit City v. Ahmed.

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Non-Union Member Bargaining Unit Employees Have to Pay for Collective-Bargaining Expenses Despite Contrary Supreme Court Precedent

An eleven‑judge panel of the Ninth Circuit reversed the decision of a three‑judge panel and held that financial core members must pay for the union's collective-bargaining expenses, even though Supreme Court precedent decided under an analogous statute holds the opposite.UFCW v. NLRB.

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CBA's General No-Strike Clause Does Not Bar Sympathy Strikes

The Ninth Circuit has determined that a collective-bargaining agreement's clause generally prohibiting strikes during the contract term does not prohibit sympathy strikes unless the employer can show the union "clearly and unmistakably" waived the right to hold a such a strike, despite NLRB rulings to the contrary.Children's Hospital v. CNA.

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California Does Not Recognize a Common Law Action for Sexual Harassment

A California appellate court has ruled that California common law does not provide a cause of action for sexual harassment. Prohibition of sexual harassment is solely a creature of state statute. Medix Ambulance Service, Inc. v. Superior Ct.

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City Employee Must Exhaust an Employer's Internal Administrative Remedies as Well as FEHA Remedies Before Filing Suit A California appellate court ruled that a city employee must exhaust city‑provided administrative remedies in addition to those provided by the Fair Employment and Housing Act before filing suit.Schifardo v. City of Los Angeles.

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