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.
Fourteenth Amendment
Disabled County Employees Were Not Entitled To Cash-Out Of Their Vacation Benefits
By Tony Oncidi on
Los Angeles County Professional Peace Officers’ Ass’n v. County of Los Angeles, 115 Cal. App. 4th 866 (2004)
William Kupper and Bennie Layne worked as investigators for the Los Angeles County District Attorney’s Office before becoming temporarily disabled after being injured on the job. Kupper and Layne both retired after their disabilities became permanent. Under the applicable County ordinances, DA investigators could accumulate up…