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Archive for January, 2009
Union Right to Leaflet for Consumer Boycott of Mall Tenants Upheld
January 13, 2009 by
Beeson Tayer & Bodine
A lengthy fight by a shopping mall owner to prevent unions from handbilling at California malls urging a consumer boycott of a mall tenant has finally ended with a victory for unions. The dispute started… Read More
U.S. Supreme Court Strikes Down California Law Banning Use of State Funds to Fight Unions
The U.S. Supreme Court voted 7-2 to strike down a California law that prohibited employers that receive state funds from using the money “to assist, promote or deter union organizing.” Chamber of Commerce v. Brown,… Read More
Temp Agency Scabs Due Pay Daily
SB 940 (Yee-D) goes into place January 1, 2009, and requires temporary services employers to pay their employees weekly, regardless of when the assignment ends. Labor Code §201.3. The law was introduced to address temp… Read More
Court Reverses NLRB to Permit Union Buttons on the Job
The Ninth Circuit sided with a nurses’ union when it reversed the NLRB and struck down a hospital’s rule barring nurses from wearing buttons at work protesting staffing conditions. The court dismissed the employer’s claim… Read More
NLRB Grants Employers Broad Control on E-mail Use
The Bush NLRB has ruled that employers may validly prohibit employees from using company e-mail systems for union and concerted-activity matters, as long as the prohibition does not discriminate against the exercise of such Section… Read More
PERB Jurisdiction Over Public Strike Injunctions to be Decided by California Supreme Court
The California Supreme Court has granted certiorari in several cases to decide whether, under the Meyers-Milias- Brown Act exclusive jurisdiction over employer requests to enjoin strikes by public employees whose services are considered essential to… Read More
Charter County Employees Not Covered by Meal and Rest Period Rules
California’s First Appellate District ruled that meal and rest break claims under Labor Code sections 512 and 226.7 cannot be asserted against a charter county. Curcini v. County of Alameda (2008) 164 Cal.App. 4th 629…. Read More
Peace Officer Discipline Notice Need Not Identify Specific Discipline Proposed
The California Supreme Court ruled that the notice of proposed disciplinary action required by the Peace Officers’ Bill of Rights (POBR) need not identify the specific discipline proposed. Mays v. City of Los Angeles, 43… Read More
Courts Deal Blow to Meal and Rest Break Rules
California’s meal and rest break laws have been the topic of several far-reaching decisions that have appropriately received considerable attention in the past year. Beginning with the Fourth Appellate District’s decision in Brinker Restaurant Corp…. Read More
Employees May Pursue Internal Appeals Without Jeopardizing Right to Pursue State Discrimination Complaints
Two recent California court decisions have clarified the rules for employees filing discrimination complaints when their employer has an internal appeal procedure available. In Ortega v. Contra Costa Community College (2007) 156 Cal.App.4th 1073, the… Read More
Union Right to Leaflet for Consumer Boycott of Mall Tenants Upheld
January 13, 2009 by Beeson Tayer & Bodine
A lengthy fight by a shopping mall owner to prevent unions from handbilling at California malls urging a consumer boycott of a mall tenant has finally ended with a victory for unions. The dispute started… Read More
U.S. Supreme Court Strikes Down California Law Banning Use of State Funds to Fight Unions
The U.S. Supreme Court voted 7-2 to strike down a California law that prohibited employers that receive state funds from using the money “to assist, promote or deter union organizing.” Chamber of Commerce v. Brown,… Read More
Temp Agency Scabs Due Pay Daily
SB 940 (Yee-D) goes into place January 1, 2009, and requires temporary services employers to pay their employees weekly, regardless of when the assignment ends. Labor Code §201.3. The law was introduced to address temp… Read More
Court Reverses NLRB to Permit Union Buttons on the Job
The Ninth Circuit sided with a nurses’ union when it reversed the NLRB and struck down a hospital’s rule barring nurses from wearing buttons at work protesting staffing conditions. The court dismissed the employer’s claim… Read More
NLRB Grants Employers Broad Control on E-mail Use
The Bush NLRB has ruled that employers may validly prohibit employees from using company e-mail systems for union and concerted-activity matters, as long as the prohibition does not discriminate against the exercise of such Section… Read More
PERB Jurisdiction Over Public Strike Injunctions to be Decided by California Supreme Court
The California Supreme Court has granted certiorari in several cases to decide whether, under the Meyers-Milias- Brown Act exclusive jurisdiction over employer requests to enjoin strikes by public employees whose services are considered essential to… Read More
Charter County Employees Not Covered by Meal and Rest Period Rules
California’s First Appellate District ruled that meal and rest break claims under Labor Code sections 512 and 226.7 cannot be asserted against a charter county. Curcini v. County of Alameda (2008) 164 Cal.App. 4th 629…. Read More
Peace Officer Discipline Notice Need Not Identify Specific Discipline Proposed
The California Supreme Court ruled that the notice of proposed disciplinary action required by the Peace Officers’ Bill of Rights (POBR) need not identify the specific discipline proposed. Mays v. City of Los Angeles, 43… Read More
Courts Deal Blow to Meal and Rest Break Rules
California’s meal and rest break laws have been the topic of several far-reaching decisions that have appropriately received considerable attention in the past year. Beginning with the Fourth Appellate District’s decision in Brinker Restaurant Corp…. Read More
Employees May Pursue Internal Appeals Without Jeopardizing Right to Pursue State Discrimination Complaints
Two recent California court decisions have clarified the rules for employees filing discrimination complaints when their employer has an internal appeal procedure available. In Ortega v. Contra Costa Community College (2007) 156 Cal.App.4th 1073, the… Read More
