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.
Author Archive
Public Employee Fifth Amendment Rights Examined
June 13, 2007 by
Beeson Tayer & Bodine
A California Court of Appeal has ruled that a public employer cannot discipline an employee for refusing to answer potentially incriminating questions during the course of an employment investigation, unless the employee is granted immunity… Read More
Visa Expiration Does Not Automatically Trump Just-Cause Protection
California laws apply to all citizens regardless of their immigration status. Federal law, however, prohibits employers from knowingly employing an illegal alien. In Incalza v. Fendi, 479 F.3d 1005, the Ninth Circuit looked at the… Read More
Seventh Circuit Makes it Harder for Employers to Compel Employees to Burn Vacation During FMLA Leave
Two recent decisions from the Seventh Circuit Court of Appeals could give pause to employers who require employees to burn their accrued vacation while on family medical leaves of absence. In Repa v. Roadway Express,… Read More
State Funds May Not be Used to Fight Union Organizing
October 13, 2006 by
Beeson Tayer & Bodine
After many years of litigation and multiple decisions striking down California’s neutrality law, the Ninth Circuit Court of Appeals in September reversed its previous decision and upheld the law that bars employ- ers from using… Read More
U.S. Supreme Court Narrows Public Employees’ Workplace Speech Protections
This past spring the United States Supreme Court issued a ruling narrowing the on-the-job, free-speech rights of public employees. In Garcetti v. Ceballos the Court held that public employees who make statements pursuant to their… Read More
Arbitrator Sustains Grievance Protesting Employer’s Suspension
October 12, 2006 by
Beeson Tayer & Bodine
An arbitrator has ruled that the disciplinary rules of a union contract control the employer’s right to suspend employee drivers for whom the employer has failed to obtain driver in- surance. In a case handled… Read More
California Law Does Not Limit Reach-Back to Recoup Unpaid Vacation
California employees have a protected right in their vested vacation pay, and unless the applicable union contract provides otherwise, employees must receive all of their unused, vested vacation upon termination of their employ- ment. This… Read More
Congress Passes Pension Reform Legislation
This past August, Congress passed the Pension Protection Act of 2006 (PPA), often described as the most sweeping retirement plan legislation since 1974’s Employee Retirement Income Security Act (ERISA). The PPA makes changes for single-employer… Read More
Construction Industry Meal-Break Exemption Ruled Invalid
On April 7, 2006, the Second District Court of Appeal published its decision in Bearden v. U.S. Borax invalidating Wage Order No. 16’s unioncontract-exemption for mandatory meal periods. The case represents a significant change in… Read More
Contract Employees Due Final Wages at End of Job
The California Supreme Court has ruled that an employee who is hired for a specific assignment or duration is dis- charged, and thus owed all wages due, upon completion of that assignment or duration. California… Read More
Public Employee Fifth Amendment Rights Examined
June 13, 2007 by Beeson Tayer & Bodine
A California Court of Appeal has ruled that a public employer cannot discipline an employee for refusing to answer potentially incriminating questions during the course of an employment investigation, unless the employee is granted immunity… Read More
Visa Expiration Does Not Automatically Trump Just-Cause Protection
California laws apply to all citizens regardless of their immigration status. Federal law, however, prohibits employers from knowingly employing an illegal alien. In Incalza v. Fendi, 479 F.3d 1005, the Ninth Circuit looked at the… Read More
Seventh Circuit Makes it Harder for Employers to Compel Employees to Burn Vacation During FMLA Leave
Two recent decisions from the Seventh Circuit Court of Appeals could give pause to employers who require employees to burn their accrued vacation while on family medical leaves of absence. In Repa v. Roadway Express,… Read More
State Funds May Not be Used to Fight Union Organizing
October 13, 2006 by Beeson Tayer & Bodine
After many years of litigation and multiple decisions striking down California’s neutrality law, the Ninth Circuit Court of Appeals in September reversed its previous decision and upheld the law that bars employ- ers from using… Read More
U.S. Supreme Court Narrows Public Employees’ Workplace Speech Protections
This past spring the United States Supreme Court issued a ruling narrowing the on-the-job, free-speech rights of public employees. In Garcetti v. Ceballos the Court held that public employees who make statements pursuant to their… Read More
Arbitrator Sustains Grievance Protesting Employer’s Suspension
October 12, 2006 by Beeson Tayer & Bodine
An arbitrator has ruled that the disciplinary rules of a union contract control the employer’s right to suspend employee drivers for whom the employer has failed to obtain driver in- surance. In a case handled… Read More
California Law Does Not Limit Reach-Back to Recoup Unpaid Vacation
California employees have a protected right in their vested vacation pay, and unless the applicable union contract provides otherwise, employees must receive all of their unused, vested vacation upon termination of their employ- ment. This… Read More
Congress Passes Pension Reform Legislation
This past August, Congress passed the Pension Protection Act of 2006 (PPA), often described as the most sweeping retirement plan legislation since 1974’s Employee Retirement Income Security Act (ERISA). The PPA makes changes for single-employer… Read More
Construction Industry Meal-Break Exemption Ruled Invalid
On April 7, 2006, the Second District Court of Appeal published its decision in Bearden v. U.S. Borax invalidating Wage Order No. 16’s unioncontract-exemption for mandatory meal periods. The case represents a significant change in… Read More
Contract Employees Due Final Wages at End of Job
The California Supreme Court has ruled that an employee who is hired for a specific assignment or duration is dis- charged, and thus owed all wages due, upon completion of that assignment or duration. California… Read More
