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.
Truckers Deemed Employees – as the Independent Contractor Debate in the Trucking Industry Rages On
May 1, 2019 by Kena Cador
A federal district court judge has issued a decision rejecting a trucking association’s attack on the California Supreme Court’s recent decision establishing a new test to distinguish between employees and independent contractors for purposes of… Read More
Resignation in Lieu of Termination Disqualifies Public Employee from PERS Disability Retirement Benefits
April 17, 2019 by Andrew Baker
Ordinarily a public-sector employee who is terminated for cause loses the right to claim PERS disability retirement benefits. But how does this standard apply to an employee who is initially terminated for alleged cause, but… Read More
Drivers Making In-State Delivery of Out-of-State Goods Protected from Mandatory Arbitration of California Wage Claims
April 10, 2019 by Andrew Baker
California labor law has a number of worker-friendly provisions that offer better protection to workers than federal minimum standards. California’s requirements that employees be paid daily overtime pay after eight hours and that employees receive… Read More
PERB Rules Employees Entitled to Reasonable Paid Released Time to Prepare for Negotiations
April 3, 2019 by Andrew Baker
Most of California’s public sector labor relations statutes require employers to grant employees reasonable released time to participate in the meet and confer process. In 1978, PERB issued a decision that noted – as an… Read More
Employers Must Notify Employees of their Right to Decline Before Conducting Interviews in Preparation for PERB or Arbitration Hearings
March 28, 2019 by Kena Cador
The NLRB has long had a rule that requires employers, prior to interviewing union members about an upcoming NLRB trial, to assure employees that their participation is voluntary and that no reprisals will be taken… Read More
NLRB Upholds Employee’s Right to Display Pro-Union Slogan and Strikes Down Discriminatory Handbook Provision
March 25, 2019 by Stephanie Platenkamp
In Constellation Brands and Teamsters Local 601 (367 NLRB No. 79 (Jan. 31, 2019), the National Labor Relations Board affirmed that a cellar department employee engaged in protected activity by wearing a vest on which… Read More
Right to Union Representation Not Limited to Interviews
March 20, 2019 by Kena Cador
In 2015, PERB held that the right to a union representative under California law is broader than the NLRA’s version under Weingarten. In 2017, in SEIU v. Sonoma County Superior Court, PERB extended Weingarten to… Read More
California Court Expands Reporting-Time Pay to On-Call Shifts
March 18, 2019 by Sarah Kanbar
California’s Wage Orders include a requirement that employers pay employees at least two hours’ wages when an employee “reports for work” but is not actually put to work. A California Court of Appeal has now… Read More
NLRB to Uber: Let Your Employees Speak
March 13, 2019 by Lorrie Bradley
The National Labor Relations Act prohibits employers from putting a muzzle on employees talking to each other about lawsuits addressing employee claims against their employers. And the NLRB’s General Counsel, the chief of NLRA enforcement,… Read More
BTB Annual Legislative Roundup – Part Two of Two
January 23, 2019 by Christopher Hammer, Lorrie Bradley, Sarah Kanbar, Stephanie Platenkamp, Tony Rice and Kena Cador
The California Legislature passed several important labor and employment bills during the 2018 session that Governor Brown recently signed into law. Here is a brief summary of the most notable changes grouped by subject. All… Read More
