California Employment Law Update

Category Archives: Collective Bargaining

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Employees Of Electrical/Gas Company Are Not Entitled To Off-Duty Meal Periods

Araquistain v. Pacific Gas & Elec. Co., 2014 WL 4227872 (Cal. Ct. App. 2014) Plaintiffs Ignacio Araquistain, David Page and Douglas Girouard are non-exempt, unionized employees of PG&E, which is an “electrical corporation” and a “gas corporation” within the meaning of Labor Code § 512(f)(4).  The operative collective bargaining agreement states that “shift employees and … Continue Reading

March 2014 California Employment Law Notes

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading

Non-Union County Employees Must Be Permitted To Object To Disclosure Of Personal Information

County of Los Angeles v. Los Angeles County Employee Relations Comm’n, 190 Cal. App. 4th 178 (2010) During the course of collective bargaining, the Service Employees International Union asked the county for the personal contact information (names, home addresses and home telephone numbers) of county employees who are in the bargaining unit but who are … Continue Reading

Unionized Employees Were Required To Arbitrate Age Discrimination Claims

14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009) Plaintiffs, members of the Service Employees International Union (the “SEIU”), filed a complaint with the EEOC alleging age discrimination under the Age Discrimination in Employment Act and, after receiving their right-to-sue letters, filed suit against their employer alleging age discrimination. In … Continue Reading

Supreme Court Endorses Union-Negotiated Arbitration of Discrimination Claims

Proskauer Prevails As The Court Holds That Collectively Bargained Agreements for The Arbitration of Statutory Discrimination Claims are Enforceable On April 1, 2009, the United States Supreme Court, in a 5-4 decision, ruled in favor of Proskauer Rose’s client 14 Penn Plaza LLC, holding that a collective bargaining agreement (“CBA”) that clearly and unmistakably requires … Continue Reading

Employer That Provides Unlimited Sick Leave Is Subject To Requirements Of “Kin Care” Statute

McCarther v. Pacific Telesis Group, 163 Cal. App. 4th 176 (2008) Kimberly McCarther alleged that her employer, SBC Services, violated Cal. Labor Code § 233 (the “kin care” leave statute) when it failed to pay her for her absence for seven consecutive workdays in 2004 to care for two of her children who were ill. … Continue Reading

Pharmacist’s Claims For Breach Of Contract And Unpaid Overtime Were Properly Dismissed

Soremekun v. Thrifty Payless, Inc., 509 F.3d 978 (9th Cir. 2007) Adediji Adesola Soremekun, who was employed as a pharmacist at Thrifty Payless d/b/a Rite Aid, was subject to a collective bargaining agreement that existed between Rite Aid and the United Food and Commercial Workers Union. After resigning his employment, Soremekun filed a lawsuit in which … Continue Reading

Union Employees’ Wage Claims Were Not Preempted By Federal Law

Adams v. Pacific Bell Directory, 111 Cal. App. 4th 93 (2003) Forty-two employees of Pacific Bell Directory (all of whom were members of the International Brotherhood of Electrical Workers) filed a lawsuit alleging that the company’s practice of debiting employees’ commissions was unlawful under Labor Code Section 221 and Business and Professions Code Section 17200. The … Continue Reading

Audio Recording Engineer’s State Law Claims Were Preempted By Federal Labor Law

Levy v. Skywalker Sound, 108 Cal. App. 4th 753 (2003) Robert M. Levy worked as an audio recording engineer for Skywalker Sound in Marin County beginning in 1995. When Levy was hired, he was told that the scoring stage was a “non-union room” and that his position at Skywalker Sound would not be a union … Continue Reading
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