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.
Labor Law (Public Sector)
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
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
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
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
PERB Jurisdiction Over Public Strike Injunctions to be Decided by California Supreme Court
January 13, 2009 by
Beeson Tayer & Bodine
The California Supreme Court has granted certiorari in several cases to decide whether, under the Meyers-Milias- Brown Act exclusive jurisdiction over employer requests to enjoin strikes by public employees whose services are considered essential to… Read More
Charter County Employees Not Covered by Meal and Rest Period Rules
California’s First Appellate District ruled that meal and rest break claims under Labor Code sections 512 and 226.7 cannot be asserted against a charter county. Curcini v. County of Alameda (2008) 164 Cal.App. 4th 629…. Read More
Peace Officer Discipline Notice Need Not Identify Specific Discipline Proposed
The California Supreme Court ruled that the notice of proposed disciplinary action required by the Peace Officers’ Bill of Rights (POBR) need not identify the specific discipline proposed. Mays v. City of Los Angeles, 43… Read More
Employees May Pursue Internal Appeals Without Jeopardizing Right to Pursue State Discrimination Complaints
Two recent California court decisions have clarified the rules for employees filing discrimination complaints when their employer has an internal appeal procedure available. In Ortega v. Contra Costa Community College (2007) 156 Cal.App.4th 1073, the… Read More
Gearing Up For Widespread Teacher Layoffs
In recent years, layoff of school employees has unfortunately been an annual Spring ritual for many school districts, as the state budget battle has waxed and waned, impacting school budgets projections and leading districts to… 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
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
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
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
PERB Jurisdiction Over Public Strike Injunctions to be Decided by California Supreme Court
January 13, 2009 by Beeson Tayer & Bodine
The California Supreme Court has granted certiorari in several cases to decide whether, under the Meyers-Milias- Brown Act exclusive jurisdiction over employer requests to enjoin strikes by public employees whose services are considered essential to… Read More
Charter County Employees Not Covered by Meal and Rest Period Rules
California’s First Appellate District ruled that meal and rest break claims under Labor Code sections 512 and 226.7 cannot be asserted against a charter county. Curcini v. County of Alameda (2008) 164 Cal.App. 4th 629…. Read More
Peace Officer Discipline Notice Need Not Identify Specific Discipline Proposed
The California Supreme Court ruled that the notice of proposed disciplinary action required by the Peace Officers’ Bill of Rights (POBR) need not identify the specific discipline proposed. Mays v. City of Los Angeles, 43… Read More
Employees May Pursue Internal Appeals Without Jeopardizing Right to Pursue State Discrimination Complaints
Two recent California court decisions have clarified the rules for employees filing discrimination complaints when their employer has an internal appeal procedure available. In Ortega v. Contra Costa Community College (2007) 156 Cal.App.4th 1073, the… Read More
Gearing Up For Widespread Teacher Layoffs
In recent years, layoff of school employees has unfortunately been an annual Spring ritual for many school districts, as the state budget battle has waxed and waned, impacting school budgets projections and leading districts to… Read More
