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
PERB Has Initial Jurisdiction Over Public Employee Strikes
January 12, 2011 by
Beeson Tayer & Bodine
The California Supreme Court has long held that strikes by public sector employees (other than firefighters and law enforcement employees) are not illegal unless the strike creates a substantial and imminent threat to public health… Read More
Title VII Anti-Retaliation Protection Extended
The U.S. Supreme Court, in a unanimous decision, has ruled that the reach of Title VII’s anti-retaliation provision extends beyond the employee who actually files a discrimination charge. In Thompson v. North American Stainless, LP… Read More
US Supreme Court Addresses Granite Rock Ratification Dispute
Last June the U.S. Supreme Court issued a decision in Granite Rock v. IBT and Local 287. The dispute arose in June 2004, when Local 287 struck Granite Rock. The strike continued until August 22,… Read More
US Supreme Court OK’s Public Employer’s Search of Employee Text Messages
The U.S. Constitution’s Fourth Amendment guarantees a person’s privacy from arbitrary and invasive governmental acts, such as unreasonable searches and seizures. This protection also applies when the government acts in its capacity as an employer…. Read More
Vallejo Set to Emerge From Bankruptcy Following Renegotiation of Union Contract
Following the Bankruptcy Court’s 2009 granting of the City of Vallejo’s motion to dismiss its IBEW CBA, the union appealed to US District Court. In June 2010, that court ruled federal bankruptcy laws preempt California… Read More
Wage And Hour Update
Pineda v. Bank of America (2010) 50 Cal.4th 1389. Labor Code section 203 imposes a daily penalty on employers who fail to pay all wages owed immediately upon termination. In Pineda, the California Supreme Court… Read More
Arbitration Round-Up
July 12, 2009 by
Beeson Tayer & Bodine
Here is a sampling of recent arbitration cases handled by Beeson, Tayer & Bodine Managerial Support/ Confidential Group and Central Contra Costa County Sanitary District – Suspension (Willful Insubordination): Grievant, a supervisor, was suspended for… Read More
Bankrupt Employer’s Managers Liable for FLSA Claims
The Ninth Circuit Court of Appeals has ruled that employees shorted by bankrupt employers may pursue their Fair Labor Standards Act (FLSA) claims against the employer’s managers. Boucher v. Shaw, __ F.3d __ (7/27/09). In… Read More
California Courts Address Tip Pooling Issues
Tip pools are an increasingly common source of litigation in California. Labor Code section 351 provides that tips are the sole property of the person to whom they are given, and that the employer and… Read More
Court Grants Harassment Complaints Broad Protection
The U.S. Supreme Court has ruled that Title VII provides protection for employees who speak out about harassment in response to the employer’s internal investigation. Crawford v. Metro. Gov’t of Nashville & Davidson County (2009)…. Read More
PERB Has Initial Jurisdiction Over Public Employee Strikes
January 12, 2011 by Beeson Tayer & Bodine
The California Supreme Court has long held that strikes by public sector employees (other than firefighters and law enforcement employees) are not illegal unless the strike creates a substantial and imminent threat to public health… Read More
Title VII Anti-Retaliation Protection Extended
The U.S. Supreme Court, in a unanimous decision, has ruled that the reach of Title VII’s anti-retaliation provision extends beyond the employee who actually files a discrimination charge. In Thompson v. North American Stainless, LP… Read More
US Supreme Court Addresses Granite Rock Ratification Dispute
Last June the U.S. Supreme Court issued a decision in Granite Rock v. IBT and Local 287. The dispute arose in June 2004, when Local 287 struck Granite Rock. The strike continued until August 22,… Read More
US Supreme Court OK’s Public Employer’s Search of Employee Text Messages
The U.S. Constitution’s Fourth Amendment guarantees a person’s privacy from arbitrary and invasive governmental acts, such as unreasonable searches and seizures. This protection also applies when the government acts in its capacity as an employer…. Read More
Vallejo Set to Emerge From Bankruptcy Following Renegotiation of Union Contract
Following the Bankruptcy Court’s 2009 granting of the City of Vallejo’s motion to dismiss its IBEW CBA, the union appealed to US District Court. In June 2010, that court ruled federal bankruptcy laws preempt California… Read More
Wage And Hour Update
Pineda v. Bank of America (2010) 50 Cal.4th 1389. Labor Code section 203 imposes a daily penalty on employers who fail to pay all wages owed immediately upon termination. In Pineda, the California Supreme Court… Read More
Arbitration Round-Up
July 12, 2009 by Beeson Tayer & Bodine
Here is a sampling of recent arbitration cases handled by Beeson, Tayer & Bodine Managerial Support/ Confidential Group and Central Contra Costa County Sanitary District – Suspension (Willful Insubordination): Grievant, a supervisor, was suspended for… Read More
Bankrupt Employer’s Managers Liable for FLSA Claims
The Ninth Circuit Court of Appeals has ruled that employees shorted by bankrupt employers may pursue their Fair Labor Standards Act (FLSA) claims against the employer’s managers. Boucher v. Shaw, __ F.3d __ (7/27/09). In… Read More
California Courts Address Tip Pooling Issues
Tip pools are an increasingly common source of litigation in California. Labor Code section 351 provides that tips are the sole property of the person to whom they are given, and that the employer and… Read More
Court Grants Harassment Complaints Broad Protection
The U.S. Supreme Court has ruled that Title VII provides protection for employees who speak out about harassment in response to the employer’s internal investigation. Crawford v. Metro. Gov’t of Nashville & Davidson County (2009)…. Read More
