Tag Archives: Union

California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review the New Collective Bargaining Exemption to Potential PAGA Claims

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 … Continue Reading

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements

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 … 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

Public Employer Required To Provide Union With Addresses and Phone Numbers of Union and Non-Union Employees Alike

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. S191944 (Cal. May … Continue Reading

California Upholds Labor Anti-Injunction Statutes

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 … Continue Reading

A Victory for Agricultural Employers: Governor Brown Vetoes the Controversial Union Election Bill SB 104

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 … Continue Reading
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