join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 7

Does The De Minimis Defense Apply To California Labor Code Claims?

The California Supreme Court recently heard the case of Troester v. Starbucks Corporation which could significantly increase employers’ exposure to claims by hourly paid employees for small pre-shift and post-shift tasks that are currently treated as insignificant and not compensable.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat the growing trend of wage and hour lawsuits in California. In granting defendant Kiewit Infrastructure West Co. (“Kiewit”) motion for summary judgment (by way of a motion for reconsideration), Judge Gutierrez dismissed various Labor Code claims, including claims for meal and rest break violations, because the claims were exempted by (rather than pre-empted by) Kiewit’s existing CBA. See Peter Zayerz v. Kiewit Infrastructure West Co., 16-CV-6405-PSC (PJW)(January 18, 2018).

As Charter School Union Organizing Increases, Employers Must be Vigilant in Opposing Organizing Efforts

In recent years, there has been an uptick in union organizing focusing on California charter schools. Traditionally, education related labor groups focused on organizing large public school districts, but with over 1,200 charter schools in California, groups like the California Teachers Association have shifted gears to try to bring unions into charter schools. Such organizing efforts often occur surreptitiously, and relatively quickly; if charter schools are not vigilant in their approach to labor groups, they can quickly be entangled in lengthy union negotiations which can divert attention from curriculum development and student growth.

California Teacher Tenure Laws Upheld by Appellate Court

Overturning a trial court ruling, the California Court of Appeal for the Second Appellate District held that teacher tenure laws are constitutional in the case of Vergara v. State of California, decided April 14, 2016.

Public Sector Union Fees Continue to Hang in the Balance With Scalia’s Passing

The recent death of conservative Justice Antonin Scalia will give public sector unions a short respite in Friedrichs v. California Teachers Association et al., a case that was likely to limit public sector unions’ ability to require mandatory fees from public workers. Following last month’s oral arguments before the High Court, many legal analysts expected a 5-4 opinion in Friedrichs, striking down mandatory union fees for public workers. Now, it is possible that the lower court ruling upholding the fees will remain in place.

California Supreme Court Reverses Court of Appeal; Declares State Labor Picketing Laws Constitutional in 6-1 Decision

In a case that will significantly strengthen labor's hand regarding picketing activities in the state, the California Supreme Court reversed a Court of Appeals decision that had declared unconstitutional two state laws restricting the ability of employers to enjoin conduct on their property if the conduct relates to a labor dispute.

Appellate Court Decision Permits California Employers to Ban Unions from Picketing on Most Private Property.

A ruling this week by a California Court of Appeal will enable California employers and commercial property owners to keep unions off their property and to distance themselves from union demonstrations. This new decision is Ralphs Grocery Company v. United Food And Commercial Workers Union Local 8, decided Monday, July 19, 2010. It can be found at http://www.courtinfo.ca.gov/opinions/documents/C060413.PDF.
    SORT ARTICLES
  • No Subtopics.