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
Employer May Not Unilaterally Cease Dues Checkoff at Union Contract Expiration
October 13, 2011 by
Beeson Tayer & Bodine
The Ninth Circuit Court of Appeals this September concluded that employers may no longer unilaterally discontinue dues checkoff upon the expiration of a collective bargaining agreement. In the Court’s third visit to the same case,… Read More
Grocery Worker Retention Ordinance Upheld
When a new owner takes over a business, all too often the current employees are the first things to go. In an effort to curb this longstanding tradition in the retail grocery industry, the City… Read More
Labor Code Applies to Nonresidents Working in State for Cal. Employers
The California Supreme Court has issued a decision clarifying the application of California’s wage and hour laws to out-of-state employees working in California. In Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, the Court addressed… Read More
New NLRB Rules Should Aid Organizing
The NLRB has proposed two sets of regulations that will take effect this fall and make organizing a bit easier. One of the proposed rules is quite simple — it requires all private sector employers… Read More
NLRB Reverses GOP Excesses
The Obama Board has been busy issuing decisions addressing important rights under the NLRA. Many, but not all, of these decisions mark dramatic improvement in the rules the NLRB applies to union organizing and the… Read More
Non-Decision-Making Supervisor’s Animus Sufficient to Prove Employer’s Discharge Decision is Discriminatory
The U.S. Supreme Court, in a decision issued last March, has confirmed that employees may bring successful discrimination claims in federal court based on a “cat’s paw” theory—that is, based on the discriminatory animus of… Read More
PERB Has Exclusive Jurisdiction Over MMBA DFR Claims
In a case handled by Andrew Baker of Beeson, Tayer & Bodine, a court of appeal in March ruled that DFR claims brought by county and municipal employees are subject to the exclusive initial jurisdiction… Read More
Region 32 Enjoins Employer’s Unfair Labor Practices During Teamsters Local 350 Organizing Campaign
Teamsters Local 350 petitioned to represent drivers for OS Transport/HCA Management, which subcontracts with Greenwaste Recovery, Inc. to haul waste. To thwart the Union campaign, OS Transport committed multiple egregious unfair labor practices including discharging… Read More
Union’s Fine of Member Acting Alone Does Not Violate NLRA
For nearly 30 years the NLRB held unlawful union discipline of a member for reporting a co-worker’s violation of an employer’s rule despite the fact that the reporting employee acted alone. In Operating Engineers Local… Read More
AB 569 Gives New Industries Ability to Bargain Meal-Break Rules
January 13, 2011 by
Beeson Tayer & Bodine
Labor Code Section 512 and the Wage Orders generally prohibit employers from employing an employee for more than five hours without providing a meal period of at least 30 minutes, require second meal periods after… Read More
Employer May Not Unilaterally Cease Dues Checkoff at Union Contract Expiration
October 13, 2011 by Beeson Tayer & Bodine
The Ninth Circuit Court of Appeals this September concluded that employers may no longer unilaterally discontinue dues checkoff upon the expiration of a collective bargaining agreement. In the Court’s third visit to the same case,… Read More
Grocery Worker Retention Ordinance Upheld
When a new owner takes over a business, all too often the current employees are the first things to go. In an effort to curb this longstanding tradition in the retail grocery industry, the City… Read More
Labor Code Applies to Nonresidents Working in State for Cal. Employers
The California Supreme Court has issued a decision clarifying the application of California’s wage and hour laws to out-of-state employees working in California. In Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, the Court addressed… Read More
New NLRB Rules Should Aid Organizing
The NLRB has proposed two sets of regulations that will take effect this fall and make organizing a bit easier. One of the proposed rules is quite simple — it requires all private sector employers… Read More
NLRB Reverses GOP Excesses
The Obama Board has been busy issuing decisions addressing important rights under the NLRA. Many, but not all, of these decisions mark dramatic improvement in the rules the NLRB applies to union organizing and the… Read More
Non-Decision-Making Supervisor’s Animus Sufficient to Prove Employer’s Discharge Decision is Discriminatory
The U.S. Supreme Court, in a decision issued last March, has confirmed that employees may bring successful discrimination claims in federal court based on a “cat’s paw” theory—that is, based on the discriminatory animus of… Read More
PERB Has Exclusive Jurisdiction Over MMBA DFR Claims
In a case handled by Andrew Baker of Beeson, Tayer & Bodine, a court of appeal in March ruled that DFR claims brought by county and municipal employees are subject to the exclusive initial jurisdiction… Read More
Region 32 Enjoins Employer’s Unfair Labor Practices During Teamsters Local 350 Organizing Campaign
Teamsters Local 350 petitioned to represent drivers for OS Transport/HCA Management, which subcontracts with Greenwaste Recovery, Inc. to haul waste. To thwart the Union campaign, OS Transport committed multiple egregious unfair labor practices including discharging… Read More
Union’s Fine of Member Acting Alone Does Not Violate NLRA
For nearly 30 years the NLRB held unlawful union discipline of a member for reporting a co-worker’s violation of an employer’s rule despite the fact that the reporting employee acted alone. In Operating Engineers Local… Read More
AB 569 Gives New Industries Ability to Bargain Meal-Break Rules
January 13, 2011 by Beeson Tayer & Bodine
Labor Code Section 512 and the Wage Orders generally prohibit employers from employing an employee for more than five hours without providing a meal period of at least 30 minutes, require second meal periods after… Read More
