Archives: Labor Law and Unions

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As Charter School Union Organizing Increases, Employers Must be Vigilant in Opposing Organizing Efforts

In recent years, there has been an uptick in union organizing focusing on California charter schools.   Traditionally, education related labor groups focused on organizing large public school districts, but with over 1,200 charter schools in California, groups like the California Teachers Association have shifted gears to try to bring unions into charter schools. Such organizing … Continue Reading

Public Sector Union Fees Continue to Hang in the Balance With Scalia’s Passing

The recent death of conservative Justice Antonin Scalia will give public sector unions a short respite in Friedrichs v. California Teachers Association et al., a case that was likely to limit public sector unions’ ability to require mandatory fees from public workers. Following last month’s oral arguments before the High Court, many legal analysts expected … Continue Reading

Proposed Amendment to Labor Code Section 226 Could Permit Employers to Recover Attorneys’ Fees

California Labor Code section 226 requires employers to provide accurate wage statements, and enumerates specific requirements for such wage statements.  The statute also provides for penalties should an employer violate section 226, and allows a prevailing employee to recover attorneys’ fees in connection with prosecuting claims for alleged wage statement violations. On May 6, 2014, … Continue Reading

San Francisco implements ‘ban the box’ legislation

San Francisco has joined the growing numbers of cities and states around the country implementing “ban the box” legislation which restricts inquiries regarding an applicant’s criminal records on applications for employment and during job interviews.  The EEOC recommends “banning the box” in line with its guidance regarding convictions and consideration in use of information based … Continue Reading

Organ Donor’s Association-Disability Discrimination Claim Can Proceed, California Court Rules

Timing is not everything. In Rope v. Auto-Chlor of Washington System of Washington, Inc., the employer fired an employee for purported performance reasons on December 30, 2010 – two days before California’s Michelle Malkin Donor Protection Act became effective.   The timing was significant because when the employee was hired in October of 2010, he had told … Continue Reading

Protected Status for Veterans

On October 10, 2013, California Gov. Jerry Brown signed a bill, A.B. 556, to add “military and veteran status” to the list of categories protected from employment discrimination under the California Fair Employment and Housing Act (“FEHA”). When this bill becomes operative on January 1, 2014, the FEHA will prohibit harassment and discrimination in employment … Continue Reading

You Mean You Don’t Pay Me to Sleep?

So asked a class of security guards who sought payment for all on-call time, including time spent on-call over weekend nights in company provided trailers.  The company did not pay them for an 8 hour period during which employees could sleep and refresh while on-call unless they were directed to conduct investigations during the on-call … Continue Reading
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