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The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating Corporation.

Labor Code Section 2699.6

Under Labor Code section 2699.6, construction employees who perform work under a valid collective bargaining agreement (CBA)…

In 2018, the California legislature passed Assembly Bill 2455 (“AB 2455”), which required the Department of Social Services to provide labor organizations registered home care aids’ contact information to assist with organizing efforts of the home care workforce.

Two industry groups, the Home Care Association of America and the California Association for Health Service at…

A controversial amendment to the California Home Care Services Protection Act (Home Care Act) requires the state Department of Social Services (DSS) to provide the names, phone numbers, and addresses of new or renewing registered home care aides (HCAs) to labor unions on request, unless the aides opt out.

The new law, which raises concerns…

Unionized employers in the construction industry can potentially receive some well-needed relief from California’s Labor Code Private Attorneys General Act of 2004 (Labor Code Section 2698 et seq.), known as “PAGA,” in light of the Governor signing AB 1654. Unionized employers in California must review their collective bargaining agreements and evaluate whether they can take…

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat the growing trend of wage and hour lawsuits in California. In granting defendant Kiewit Infrastructure West Co.’s (“Kiewit”) motion for summary judgment…

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 a 5-4 opinion in Friedrichs, striking down mandatory union fees for public workers. Now, it is possible that the lower court ruling upholding the fees will remain in place.
Continue Reading Public Sector Union Fees Continue to Hang in the Balance With Scalia’s Passing

The California Supreme Court has just ruled that Los Angeles County must provide the union representing its employees under an “agency shop” agreement with the home addresses and telephone numbers of all county employees, including non-union employees. County of Los Angeles v. Los Angeles County Employee Relations Comm’n (Serv. Employees Int’l Union, Local 721), No. …

The California Supreme Court has ruled that unions may continue to engage in “peaceful” picketing and other otherwise lawful union activities on an employer’s private property during a labor dispute and that two California anti-injunction statutes regarding labor activities do not run afoul of the First or Fourteenth Amendments of the U.S. Constitution. Ralphs Grocery…

Agricultural employers received a victory when Governor Brown vetoed SB 104, the controversial bill which would have made it dramatically easier for unions to organize employers subject to the California Agricultural Labor Relations Act (“ALRA”). SB 104 was patterned, in part, after the Employee Free Choice Act which has stalled in Congress. SB 104 would …