On August 22, 2016, a divided panel of Ninth Circuit Court of Appeals issued an opinion in Morris v. Ernst & Young holding that class action waivers in arbitration agreements violate Section 7 of the National Labor Relations Act (NLRA) and are unenforceable. Section 7 of the NLRA provides that employees have the right “to engage in . . . concerted activities for . . . mutual aid or protection.”

Following a hearing held last week, a Fresno Superior Court has denied a motion to issue a preliminary injunction against the ‘safe harbor’ provisions of the piece-rate legislation signed into law in 2015. The Nisei Farmers League filed a complaint alleging the statute is unconstitutionally vague, among other grounds.

The court determined the plaintiff did not meet its burden of showing a likelihood of prevailing on the underlying constitutional challenge. In its ruling, the court said:

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Environmental Protection Agency’s (EPA) decision to not implement pesticide buffer zones around schools, parks, daycare centers or anywhere children might congregate was justified. The ruling was part of the Court’s decision to deny the petition filed by the Pesticide Action Network North America, United Farm Workers, and Pineros y Campesinos Unidos del Noroeste in 2009 requesting that the EPA impose interim buffer zones around schools to protect children from pesticide drift.

Stephanie Metzinger



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