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.
Articles
D.C. Circuit Decision Ruling NLRB Recess Appointments Invalid
February 14, 2013 by
Andrew Baker
On January 25 the D.C. Circuit Court of Appeals issued an unprecedented and sweeping decision that threatens to cripple the NLRB’s ability to render final decisions and puts hundreds of prior decisions in doubt. Even… Read More
In-Home Support Services worker may be jointly-employed by county, sue for unpaid wages
February 13, 2013 by
Teague Paterson
A new ruling from California’s First Appellate District finds that a trial court improperly dismissed an In-Home-Support Services (IHSS) worker’s FLSA-based wage claim against the County of Sonoma and its IHSS Public Authority, based on… Read More
California Has New Pregnancy and Disability Discrimination Regulations
January 30, 2013 by
Dale Brodsky
On December 30, 2012, new sets of pregnancy and physical and mental disability discrimination regulations went into effect. Issuing the regulations was one of the last acts of the Fair Employment and Housing Commission before… Read More
Legislation Signed By Governor Brown in the 2012 Legislative Session
AB 1396 – Commission Agreements This new legislation, enacted in 2011, but effective January 1, 2013, requires employers who establish commission plans to have those commission agreements be in writing. Any such agreement must describe… Read More
New Authority For DFEH to Prosecute Discrimination Cases in Court
by
Dale Brodsky
Included in the Governor’s 2013 budget bill was legislation eliminating the Fair Employment and Housing Commission and authorizing the Department of Fair Employment and Housing to prosecute employment and housing discrimination cases directly in court… Read More
Arbitration Round-Up
October 13, 2011 by
Beeson Tayer & Bodine
Here is a sample of recent arbitration cases handled by Beeson, Tayer & Bodine. Discharge/“Stealing Time” – Teamsters 386 and Foster Farms: Arbitrator David Nevins reinstated with back pay a Union steward and long-time employee… Read More
Board Upholds Employee Right to Wear T-Shirts Criticizing Employer
Frustrated over the progress of contract negotiations with AT&T, the Communication Workers of America created “prisoner” T-shirts worn by members, including technicians who respond to customer service calls. The word “INMATE #” was written on… Read More
Courts Order Release of Public Employee Retirement Information
In three cases this year, California Courts of Appeal have ruled the California Public Records Act (CPRA) requires county employee retirement systems to disclose pension recipient names and the benefits amount received by retirees. Each… Read More
Employee’s Unwritten Fair Labor Standards Act Complaint Protected from Employer Retaliation
The U.S. Supreme Court has decided that employees are protected from retaliation for making federal wage and hour complaints, even when the complaint is made only orally, and not in writing. After Kevin Kasten orally… Read More
Employees Cannot Be Required to Waive Labor Commissioner Hearing
The California Supreme Court has ruled employers may not require an employee to waive the right to a Labor Commissioner hearing in favor of binding arbitration. (Sonic- Calabasas v. Moreno, (2011) 51 Cal.4th 659.) Under… Read More
D.C. Circuit Decision Ruling NLRB Recess Appointments Invalid
February 14, 2013 by Andrew Baker
On January 25 the D.C. Circuit Court of Appeals issued an unprecedented and sweeping decision that threatens to cripple the NLRB’s ability to render final decisions and puts hundreds of prior decisions in doubt. Even… Read More
In-Home Support Services worker may be jointly-employed by county, sue for unpaid wages
February 13, 2013 by Teague Paterson
A new ruling from California’s First Appellate District finds that a trial court improperly dismissed an In-Home-Support Services (IHSS) worker’s FLSA-based wage claim against the County of Sonoma and its IHSS Public Authority, based on… Read More
California Has New Pregnancy and Disability Discrimination Regulations
January 30, 2013 by Dale Brodsky
On December 30, 2012, new sets of pregnancy and physical and mental disability discrimination regulations went into effect. Issuing the regulations was one of the last acts of the Fair Employment and Housing Commission before… Read More
Legislation Signed By Governor Brown in the 2012 Legislative Session
AB 1396 – Commission Agreements This new legislation, enacted in 2011, but effective January 1, 2013, requires employers who establish commission plans to have those commission agreements be in writing. Any such agreement must describe… Read More
New Authority For DFEH to Prosecute Discrimination Cases in Court
by Dale Brodsky
Included in the Governor’s 2013 budget bill was legislation eliminating the Fair Employment and Housing Commission and authorizing the Department of Fair Employment and Housing to prosecute employment and housing discrimination cases directly in court… Read More
Arbitration Round-Up
October 13, 2011 by Beeson Tayer & Bodine
Here is a sample of recent arbitration cases handled by Beeson, Tayer & Bodine. Discharge/“Stealing Time” – Teamsters 386 and Foster Farms: Arbitrator David Nevins reinstated with back pay a Union steward and long-time employee… Read More
Board Upholds Employee Right to Wear T-Shirts Criticizing Employer
Frustrated over the progress of contract negotiations with AT&T, the Communication Workers of America created “prisoner” T-shirts worn by members, including technicians who respond to customer service calls. The word “INMATE #” was written on… Read More
Courts Order Release of Public Employee Retirement Information
In three cases this year, California Courts of Appeal have ruled the California Public Records Act (CPRA) requires county employee retirement systems to disclose pension recipient names and the benefits amount received by retirees. Each… Read More
Employee’s Unwritten Fair Labor Standards Act Complaint Protected from Employer Retaliation
The U.S. Supreme Court has decided that employees are protected from retaliation for making federal wage and hour complaints, even when the complaint is made only orally, and not in writing. After Kevin Kasten orally… Read More
Employees Cannot Be Required to Waive Labor Commissioner Hearing
The California Supreme Court has ruled employers may not require an employee to waive the right to a Labor Commissioner hearing in favor of binding arbitration. (Sonic- Calabasas v. Moreno, (2011) 51 Cal.4th 659.) Under… Read More
