California Employment Law Update

Category Archives: Collective Bargaining

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Court Puts New Controversial Fast-Food Worker Law on Hold

On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by California voters.  Previously, on December 30, 2022, the court had issued a temporary restraining order against the … Continue Reading

California Employment Laws Passed and Pending

It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California.  As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are … Continue Reading

California Creates Unelected Council to Set Minimum Wages/Working Conditions of 500,000 Fast Food Workers

On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257).  In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and … Continue Reading

July 2022 California Employment Law Notes

We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading

After Nine Years Of Service In The Air Force Employee Is Entitled To Promotion He Might Have Received With His Employer

Belaustegui v. International Longshore & Warehouse Union, 2022 WL 2036385 (9th Cir. 2022) Leon Belaustegui left his job as an entry-level longshore worker to enlist in the U.S. Air Force. After nine years of active duty in the Air Force, he returned to work as a longshoreman and requested a promotion to the position he … Continue Reading

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state.  We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … Continue Reading

Supreme Court Bars Mandatory Union Dues For Public Employees

In a highly anticipated decision, the United States Supreme Court today held that it is a violation of the First Amendment to require public sector employees who are not members of a union to pay any union dues, even when a portion of those dues is attributable to the costs of collective bargaining on behalf … Continue Reading

San Francisco Ordinance Requires Cannabis Business Permit Applicants to Enter into “Labor Peace Agreements”

Earlier this month, San Francisco’s Public Safety & Neighborhood Services Committee unanimously approved an ordinance that requires certain cannabis business permit applicants to agree to enter into a collective bargaining agreement (a “Labor Peace Agreement”) with a “Bona Fide Labor Organization” as a condition of receiving a cannabis business permit. The measure applies to business … Continue Reading

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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