The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
NLRB to Revisit Joint Employer Test
June 2, 2014 by Adrian Barnes
The National Labor Relations Board has long recognized that employees can have more than one employer, and can be jointly employed for purposes of collective bargaining. This joint employer issue results in some complexity in… Read More
PERB Confirms Factfinding Applies to “Single Issue” Negotiations
May 19, 2014 by Adrian Barnes
The issue of requiring independent factfinding is governed in California by the Meyers-Milias-Brown Act (MMBA). There have been several decisions by the Public Employment Relations Board (PERB) as well as the courts that cover factfinding… Read More
Bargaining Agreement Controls Scope of “Overtime” Hours for Premium Pay
February 20, 2014 by Adrian Barnes
In a recent opinion, a California appellate court considered whether California Labor Code’s definition of “overtime” applies to employees covered by a valid collective bargaining agreement (CBA). The case is Vranish et al. v. Exxon… Read More
Court Limits Scope of MMBA Factfinding
December 30, 2013 by Adrian Barnes
Public Sector disputes related to bargaining for new or revised contacts may end in an impasse. Under such circumstances employee bargaining units should be aware of their rights to factfinding panels through the Meyers-Milias-Brown Act… Read More
Dills Act Does Not Prevent Legislature from Modifying MOU’s Prior to Impasse
June 13, 2013 by Adrian Barnes
The law firm of Beeson, Tayer & Bodine provides this summary of a public sector labor law finding on union bargaining agreements that are in conflict with California legislation. BT&B attorneys provide expertise to help… Read More
Employer Association is Not Employer of Association Member’s Employees
June 12, 2013 by Adrian Barnes
In a recent opinion, a California appellate court fleshed out the law on when an association of member employers can, itself, be considered an employer of its members’ employees. The case is McCoy v. Pacific… Read More
Careful What You Ask For – A Job is “Property” under California’s Extortion Statute
June 3, 2013 by Adrian Barnes
An appeals court has found that a demand for employment constitutes a demand for property within the meaning of California’s extortion statute. The case is People v. Fisher. Defendant Timothy Fisher applied for a job… Read More
Court Protects Employees’ Right to Vested Vacation Pay
May 14, 2013 by Adrian Barnes
A recent appellate court decision has resolved an important legal issue regarding the right of California employees to receive pay for their vested vacation time when they leave employment. When California employees are terminated, retire,… Read More
