Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018)
Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner sued, alleging breach of contract, defamation, invasion of
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018)
In a highly anticipated decision, the United States Supreme Court 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
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
Elonis v. United States, 575 U.S. ___, 135 S. Ct. 2001 (2015)
Anthony Douglas Elonis (aka “Tone Dougie”) posted on Facebook various self-styled rap lyrics containing graphically violent language and imagery concerning his wife (who had left him), co-workers, a kindergarten class and state and federal law enforcement. Although Elonis interspersed his posts with disclaimers about the First Amendment and statements that the lyrics
Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 2012 Cal. LEXIS 11911 (Dec. 27, 2012)
Ralphs Grocery sought an injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store. The trial court denied Ralphs’ request for an injunction, but the court of appeal reversed, holding that two
We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012)
Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination and disruptive behavior.” Perich filed a claim with the
Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. 2011) (en banc)
In May 1987, the City of Redondo Beach adopted an ordinance that prohibits any person to “stand on a street or highway and solicit…employment, business, or contributions from an occupant of any motor vehicle.” In 2004, the city initiated the “Day Labor Enforcement Project” in
Today the California Court of Appeal struck down two state laws that had previously made it nearly impossible for California employers to obtain injunctive relief in labor disputes. In Ralphs Grocery v. UFCW, No. C060413 (Cal. Ct. App. July 19, 2010), the Court determined that Cal. Code of Civil Procedure section 527.3 (a/k/a the “Moscone Act”) and Cal. Labor Code Section 1138.1 are unconstitutional under the First and Fourteenth Amendments of the United States Constitution because they unjustifiably favor speech related to labor disputes over other speech and because they effectively compel private employers to provide a forum for speech with which the employer disagrees.
Catholic Charities of Sacramento, Inc. v. Superior Court, 32 Cal. 4th 527 (2004)
Catholic Charities challenged the Women’s Contraception Equity Act (WCEA) under the establishment and free exercise clauses of the United States and California Constitutions. Among other things, the WCEA requires that certain health and disability insurance contracts must cover prescription contraceptives. Although Catholic Charities offered health insurance, including prescription drug benefits to