We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
California Supreme Court Clarifies Scope of Compensable “Hours Worked”
Huerta v. CSI Elec. Contractors, 15 Cal. 5th 908 (2024)
This decision arose from a class action asserting wage claims on behalf of contractors hired to assist with “procurement, installation, construction, and testing services” at a solar power facility on privately-owned land. The California Supreme Court answered three questions certified by the Ninth Circuit as follows:
- An employee’s time spent on an employer’s premises
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 Willfully Violated FCRA By Not Providing Employees Proper Background
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 claims he likely would have attained if he had
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 of all employees. Janus v. AFSCME Council 31, 585
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 applicants with 10 or more employees and amends San Francisco’s
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 other employees whose workday consists of eight consecutive hours
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 other humiliating and harassing conduct, including simulated masturbation
“Kin Care” Statute Is Inapplicable To Uncapped Sick Leave Policies
‘kin care’ ‘sick leave’
Labor Arbitrator’s Finding Of Just Cause For Dismissal Was Not Binding In Employee’s Civil Action
Taylor v. Lockheed Martin Corp., 113 Cal. App. 4th 380 (2003)
Walter Taylor filed suit against Lockheed Martin Corporation alleging, among other things, wrongful termination in violation of Labor Code §§ 1102.5 and 6310 (prohibiting retaliation against an employee who has complained about unsafe working conditions in the workplace). Taylor, a member of the International Association of Machinists, also filed a grievance with the