REPRESENTING UNIONS & EMPLOYEES SINCE 1936
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The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.

2020 Legislative Summary Employment Law, Part I

January 2, 2020 by , , , , , and

GENERAL EMPLOYMENT AB 5 – Worker status: Employee vs. Independent Contractor. This bill codifies the California Supreme Court decision in the Dynamex case and expands its application to California’s employment laws. For purposes of the… Read More

Dues Checkoff Authorizations Once Again Suspended Upon Contract Expiration

December 20, 2019 by

The Trump Board has rolled back one more union gain from the Obama Board. After the Ninth Circuit Court of Appeals refused to enforce the NLRB’s old, but unexplained, rule that employers are not required… Read More

Make Your Voice Heard: Ninth Circuit Blasts Local Restriction on Bullhorn Use

December 17, 2019 by

The Ninth Circuit Court of Appeals has blocked enforcement of a local ordinance that restricted the use of a bullhorn at protests. (Cuviello v. City of Vallejo (Dec. 12, 2019).) In this case, an animal… Read More

California Supreme Court Issues Surprising Decision Limiting Employee Recovery of Unpaid Wages

September 23, 2019 by

In a departure from its recent trend of employee-friendly decisions, the California Supreme Court unanimously held that employees cannot recover unpaid wages as part of a representative class action under the Private Attorney Generals Act… Read More

PERB Finds “Exploding” Offer, Without Rationale, Constitutes Bad Faith Bargaining

July 10, 2019 by

Employers often use “exploding” offers – offers that expire on a certain date – as a hammer and incentive to move the parties to agreement. PERB has now issued an important decision placing limitations on… Read More

COURT REJECTS EMPLOYER ATTACK ON ALRB ACCESS RULE

May 20, 2019 by

The U.S. Court of Appeals for the Ninth Circuit has upheld a longstanding California Agricultural Labor Relations Board (“ALRB”) rule that gives unions access to an employer’s property after written notice and at specific times… Read More

Truckers Deemed Employees – as the Independent Contractor Debate in the Trucking Industry Rages On

May 1, 2019 by

A federal district court judge has issued a decision rejecting a trucking association’s attack on the California Supreme Court’s recent decision establishing a new test to distinguish between employees and independent contractors for purposes of… Read More

Resignation in Lieu of Termination Disqualifies Public Employee from PERS Disability Retirement Benefits

April 17, 2019 by

Ordinarily a public-sector employee who is terminated for cause loses the right to claim PERS disability retirement benefits. But how does this standard apply to an employee who is initially terminated for alleged cause, but… Read More

Drivers Making In-State Delivery of Out-of-State Goods Protected from Mandatory Arbitration of California Wage Claims

April 10, 2019 by

California labor law has a number of worker-friendly provisions that offer better protection to workers than federal minimum standards. California’s requirements that employees be paid daily overtime pay after eight hours and that employees receive… Read More

PERB Rules Employees Entitled to Reasonable Paid Released Time to Prepare for Negotiations

April 3, 2019 by

Most of California’s public sector labor relations statutes require employers to grant employees reasonable released time to participate in the meet and confer process. In 1978, PERB issued a decision that noted – as an… Read More