California Employment Law Update

Tag Archives: First Amendment

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

Facebook User’s Criminal Conviction For Making Threats Against Wife, Co-Workers And Others Is Reversed

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 … Continue Reading

March 2012 California Employment Law Notes

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: Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment Community College Employee Is Entitled To New Trial On Whistleblower Claims LAPD Officer’s $2.1 … Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

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 … Continue Reading

Cal. Ct. of App. Rules Two State Statutes Unconstitutionally Privilege Union Conduct in Labor Disputes

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 … Continue Reading

Church-Affiliated Employer Is Required To Provide Insurance Coverage For Contraceptives

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 … Continue Reading

Non-Profit Organization’s Motion To Strike Company’s Defamation Action Should Have Been Granted

Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, 117 Cal. App. 4th 1138 (2004) Fashion 21, a nationwide retailer of women’s clothing, purchased garments from manufacturers and sewing contractors that allegedly exploited their employees by refusing to properly pay them or provide them with clean and safe facilities in which to work. The … Continue Reading

Stripper Cop’s Termination May Have Violated His Right To Free Speech

Roe v. City of San Diego, 356 F.3d 1108 (9th Cir. 2004) While working as a San Diego police officer, John Roe videotaped himself stripping off a generic police officer’s uniform and engaging in acts of masturbation. Roe sold the videos on the adults-only section of eBay – under the username “Code3stud@aol.com.” After one of … Continue Reading

Website Operator Was Properly Enjoined From Disclosing Trade Secrets

DVD Copy Control Ass’n, Inc. v. Bunner, 31 Cal. 4th 864, 75 P.3d 1 (Cal. 2003) Jon Johansen, a Norwegian resident, reverse engineered the Content Scrambling System (CSS), computer software used to encrypt the contents of Digital Versatile Discs (DVDs), and wrote a program called DeCSS that decrypts motion pictures stored on DVDs, thus enabling users … Continue Reading

Employer Subjected To Threats Of Workplace Violence Was Entitled To Injunction

USS-Posco Indus. v. Edwards, 111 Cal. App. 4th 436 (2003) Ezell Edwards was terminated from his employment as a mill worker at USS-Posco Industries’ (UPI’s) tin mill after he made generalized threats of violence against UPI, including a statement that “they’re going to have to change the company’s name from USS-Posco to USSColumbine.” The trial … Continue Reading

Employees’ Lawyers Were Entitled To Communicate With Prospective Class Members

Parris v. Superior Court, 109 Cal. App. 4th 285 (2003) Cynthia Parris and Willie Lopez filed a class action lawsuit against Lowe’s H.I.W., Inc., alleging violations of California’s wage and hour laws regarding allegedly unpaid overtime compensation that was owed to employees who were compelled to work “off the clock.” Parris and Lopez then filed … Continue Reading

Union’s Anti-SLAPP Motion Was Properly Denied

Rivero v. AFSCME, AFL-CIO, 105 Cal. App. 4th 913 (2003) David Rivero was a supervisor of janitors at the International House at UC Berkeley before his employment was terminated when he refused to accept a demotion to dishwasher and pot scrubber in the International House’s kitchen. Rivero sued his union, the AFSCME, for libel, slander … Continue Reading

No Invasion Of Privacy Of Employee Who Was Terminated For Romantic Relationship

Ortiz v. Los Angeles Police Relief Ass’n, 98 Cal. App. 4th 1288 (2002) Cipriana Ortiz was employed as an administrator for LAPRA (a private, nonprofit association that processes employee benefits claims of current and former LAPD officers). Ortiz had access to officers’ names, residential addresses, telephone numbers, medical histories, family information, etc. During the course … Continue Reading
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