PAGA lawsuit claiming Labor Code violations isn't preempted by NLRA

Employees' claims that Google violated their free speech rights by requiring them to comply with certain confidentiality rules aren't preempted by the National Labor Relations Act (NLRA) and may proceed under the California Private Attorneys General Act (PAGA). According to the court of appeal, California's strong local interest in workers' freedom to seek other employment, combat wage discrimination, and report workplace violations brought the employees' claims outside the scope of NLRA preemption.

NLRB complaint

Section 7 of the NLRA gives employees the right to self-organize, bargain collectively, and engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." That means employees have the right to discuss their wages, working conditions, and related matters with each other.

"John Doe" filed an unfair labor practice charge against Google with the National Labor Relations Board (NLRB) alleging Google's requirement that employees comply with various confidentiality policies violated the NLRA by prohibiting employees from exercising their rights under Section 7 of the Act. He also alleged he was terminated for exercising his NLRA rights.