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Author Archive
Court Rejects Interest Arbitration for Law Enforcement and Firefighters
July 12, 2009 by
Beeson Tayer & Bodine
A California Court has again rejected the state legislature’s desire to compel interest arbitration of deadlocked MOU negotiations between municipal employers and their law enforcement and firefighter employee organizations. Under the Meyers-Milias-Brown Act when negotiations… Read More
Court Restores Promise of Whistleblower Act for State Employees
The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees… Read More
Court Reverses NLRB’s Anti-Union Email Discrimination Test
A federal Court of Appeals has reversed the NLRB on an important, anti-worker holding the Board issued in Register Guard, 351 NLRB No. 70 (2007). (See BTB Labor Law Bulletin, Jan. ’09, p. 2.) In… Read More
Discarded Tests Subject to Tougher Reverse Discrimination Standard
In a closely divided opinion issued in June, the U.S. Supreme Court shifted its longstanding standard for the proof required to prove disparate impact under Title VII. Ricci v. DeStefano (2009). The Court held that… Read More
DOL Issues New FMLA Regulations
Revisions to the Department of Labor’s regulations for the Family Medical Leave Act (“FMLA”) took effect January 16, 2009. The revisions apply only to the FMLA and not the related California law, California Family Rights… Read More
First $2,400 of Unemployment Benefits Tax Free for 2009
Under the American Recovery and Reinvestment Act, enacted in February, every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their tax return next… Read More
Ledbetter Fair Pay Act Makes Filing Pay Discrimination Claims Easier
In late January President Obama signed into law the Lilly Ledbetter Fair Pay Act. The Fair Pay Act overturns the U.S. Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire. The Fair Pay Act applies… Read More
Probationary Teacher’s Discriminatory Non-reelection Not Subject To Arbitration
The Public Employment Relations Board may order a school district to rehire a second-year, probationary teacher who was not rehired because of union activities, but an arbitrator may not, according to the court of appeal… Read More
Tougher Standards for Age Discrimination Complaints
A recent U.S. Supreme Court decision will make it significantly harder for employees to win age discrimination suits. In Gross v. FBL Financial Services, Inc. (2009), the Supreme Court held that employees who accuse employers… Read More
U.S. Supreme Court Rules CBA Can Require Employees to Arbitrate Statutory Claims
The U.S. Supreme Court in a decision issued this spring has decided that when a collective bargaining agreement, Requires statutory discrimination claims to be resolved under the contract’s grievance procedure, and allows an individual covered… Read More
Court Rejects Interest Arbitration for Law Enforcement and Firefighters
July 12, 2009 by Beeson Tayer & Bodine
A California Court has again rejected the state legislature’s desire to compel interest arbitration of deadlocked MOU negotiations between municipal employers and their law enforcement and firefighter employee organizations. Under the Meyers-Milias-Brown Act when negotiations… Read More
Court Restores Promise of Whistleblower Act for State Employees
The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees… Read More
Court Reverses NLRB’s Anti-Union Email Discrimination Test
A federal Court of Appeals has reversed the NLRB on an important, anti-worker holding the Board issued in Register Guard, 351 NLRB No. 70 (2007). (See BTB Labor Law Bulletin, Jan. ’09, p. 2.) In… Read More
Discarded Tests Subject to Tougher Reverse Discrimination Standard
In a closely divided opinion issued in June, the U.S. Supreme Court shifted its longstanding standard for the proof required to prove disparate impact under Title VII. Ricci v. DeStefano (2009). The Court held that… Read More
DOL Issues New FMLA Regulations
Revisions to the Department of Labor’s regulations for the Family Medical Leave Act (“FMLA”) took effect January 16, 2009. The revisions apply only to the FMLA and not the related California law, California Family Rights… Read More
First $2,400 of Unemployment Benefits Tax Free for 2009
Under the American Recovery and Reinvestment Act, enacted in February, every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their tax return next… Read More
Ledbetter Fair Pay Act Makes Filing Pay Discrimination Claims Easier
In late January President Obama signed into law the Lilly Ledbetter Fair Pay Act. The Fair Pay Act overturns the U.S. Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire. The Fair Pay Act applies… Read More
Probationary Teacher’s Discriminatory Non-reelection Not Subject To Arbitration
The Public Employment Relations Board may order a school district to rehire a second-year, probationary teacher who was not rehired because of union activities, but an arbitrator may not, according to the court of appeal… Read More
Tougher Standards for Age Discrimination Complaints
A recent U.S. Supreme Court decision will make it significantly harder for employees to win age discrimination suits. In Gross v. FBL Financial Services, Inc. (2009), the Supreme Court held that employees who accuse employers… Read More
U.S. Supreme Court Rules CBA Can Require Employees to Arbitrate Statutory Claims
The U.S. Supreme Court in a decision issued this spring has decided that when a collective bargaining agreement, Requires statutory discrimination claims to be resolved under the contract’s grievance procedure, and allows an individual covered… Read More
