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
LABOR GETS IMMEDIATE HELP FROM LEGISLATURE AND GOVERNOR TO DEAL WITH JANUS FALLOUT
July 3, 2018 by
John C. Provost
The Supreme Court issued its Janus decision, allowing public employees to opt out of paying fair share fees, at 10:00 a.m. Eastern Time June 27. By early afternoon the same day, right wing anti-union organizations… Read More
Cal Supreme Court Deals Blow to the “Independent Contractor” Scam
May 3, 2018 by
Andrew Baker
On April 30, the California Supreme Court issued a crushing blow to the “gig economy.” In Dynamex Operations West v. Lee, the Court imposed a standard that will make it much harder for Uber and… Read More
Historic Gender-Based Wage Disparity Cannot Justify Future Gender-Based Disparity
April 30, 2018 by
Christopher Hammer
In a significant decision expanding the protections of the Federal Equal Pay Act, the 9th Circuit Court of Appeals has ruled that an employer cannot lawfully rely on an employee’s prior salary history, either alone… Read More
Court Upholds Right to Picket on School Premises
April 23, 2018 by
Sarah Kanbar
In the seminal case, Tinker v. Des Moines Independent Community School District, the United States Supreme Court explained that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom… Read More
California SC Decides How to Factor Bonus into Overtime
April 16, 2018 by
Christopher Hammer
California law requires employers to pay non-exempt employees for all hours worked over eight in a day, or forty in a week, at a premium rate of 1.5 times the “regular rate” of pay –… Read More
Ninth Circuit Reaffirms General Right of Privacy for Public Employees to Engage in Off-Duty Sexual Behavior
March 5, 2018 by
Sarah Sandford-Smith
The Ninth Circuit Court of Appeals has issued a decision reaffirming a public employee’s general right of privacy and intimate association. Perez v. City of Roseville (No. 15-16430 (9th Cir. February 9, 2018)).The case involved… Read More
Court Ruling Protects the Public Sector Pensions
January 12, 2018 by
Robert Bonsall
Legacy members of the County retirement systems in Alameda, Contra Costa and Merced counties obtained a tremendous victory from California’s First Appellate District on January 8, 2018 in a closely watched case challenging certain provisions… Read More
California WARN Act Applies to Temporary Layoffs
January 4, 2018 by
Lorrie Bradley
Both state and federal law requires employers to give advance notice before initiating a “mass layoff” to avoid the disruptive effects to workers and their communities. The federal and California laws are each called the… Read More
BTB Annual Legislative Round-up (4 of 4)
December 27, 2017 by
Peter McEntee, Sarah Kanter and Christopher Hammer
Public Sector Right to Organize / Union Representation SB 285 – Prohibition on Dissuading Public Employee to Join a UnionThis bill prohibits a public employer from deterring or discouraging public employees from becoming or remaining… Read More
BTB Annual Legislative Round-up (3 of 4)
December 20, 2017 by
Peter McEntee, Sarah Kanter and Christopher Hammer
Whistleblower ProtectionsSB 306– Injunctive Relief for Unlawful RetaliationExisting law protects workers from retaliation for reporting their employer’s improper or illegal actions. This bill allows the Labor Commissioner or the employee to seek a temporary injunction… Read More

LABOR GETS IMMEDIATE HELP FROM LEGISLATURE AND GOVERNOR TO DEAL WITH JANUS FALLOUT
July 3, 2018 by John C. Provost
The Supreme Court issued its Janus decision, allowing public employees to opt out of paying fair share fees, at 10:00 a.m. Eastern Time June 27. By early afternoon the same day, right wing anti-union organizations… Read More

Cal Supreme Court Deals Blow to the “Independent Contractor” Scam
May 3, 2018 by Andrew Baker
On April 30, the California Supreme Court issued a crushing blow to the “gig economy.” In Dynamex Operations West v. Lee, the Court imposed a standard that will make it much harder for Uber and… Read More

Historic Gender-Based Wage Disparity Cannot Justify Future Gender-Based Disparity
April 30, 2018 by Christopher Hammer
In a significant decision expanding the protections of the Federal Equal Pay Act, the 9th Circuit Court of Appeals has ruled that an employer cannot lawfully rely on an employee’s prior salary history, either alone… Read More

Court Upholds Right to Picket on School Premises
April 23, 2018 by Sarah Kanbar
In the seminal case, Tinker v. Des Moines Independent Community School District, the United States Supreme Court explained that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom… Read More

California SC Decides How to Factor Bonus into Overtime
April 16, 2018 by Christopher Hammer
California law requires employers to pay non-exempt employees for all hours worked over eight in a day, or forty in a week, at a premium rate of 1.5 times the “regular rate” of pay –… Read More

Ninth Circuit Reaffirms General Right of Privacy for Public Employees to Engage in Off-Duty Sexual Behavior
March 5, 2018 by Sarah Sandford-Smith
The Ninth Circuit Court of Appeals has issued a decision reaffirming a public employee’s general right of privacy and intimate association. Perez v. City of Roseville (No. 15-16430 (9th Cir. February 9, 2018)).The case involved… Read More

Court Ruling Protects the Public Sector Pensions
January 12, 2018 by Robert Bonsall
Legacy members of the County retirement systems in Alameda, Contra Costa and Merced counties obtained a tremendous victory from California’s First Appellate District on January 8, 2018 in a closely watched case challenging certain provisions… Read More

California WARN Act Applies to Temporary Layoffs
January 4, 2018 by Lorrie Bradley
Both state and federal law requires employers to give advance notice before initiating a “mass layoff” to avoid the disruptive effects to workers and their communities. The federal and California laws are each called the… Read More

BTB Annual Legislative Round-up (4 of 4)
December 27, 2017 by Peter McEntee, Sarah Kanter and Christopher Hammer
Public Sector Right to Organize / Union Representation SB 285 – Prohibition on Dissuading Public Employee to Join a UnionThis bill prohibits a public employer from deterring or discouraging public employees from becoming or remaining… Read More

BTB Annual Legislative Round-up (3 of 4)
December 20, 2017 by Peter McEntee, Sarah Kanter and Christopher Hammer
Whistleblower ProtectionsSB 306– Injunctive Relief for Unlawful RetaliationExisting law protects workers from retaliation for reporting their employer’s improper or illegal actions. This bill allows the Labor Commissioner or the employee to seek a temporary injunction… Read More