News & Analysis as of

Labor Code Collective Bargaining Agreements (CBA)

Akin Gump Strauss Hauer & Feld LLP

Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President (Trump EO Tracker)

Summary - Makes it the policy of the executive branch that collective bargaining agreements (CBAs) reached in the 30 days prior to the inauguration of an incoming president shall not be approved. Instructs agency heads to...more

Fisher Phillips

California Extends PAGA Exemption for Unionized Construction Industry Employers – But You Need to Take Action to Qualify

Fisher Phillips on

California Governor Newsom just signed legislation Saturday that will ensure certain unionized construction employers are completely exempted from PAGA lawsuits for the next 14 years. Thanks to AB 1034, construction employers...more

Davis Wright Tremaine LLP

Workplace Violence Prevention Obligations Coming to Most California Worksites

The California Legislature has enacted a first-of-its-kind workplace violence prevention law that applies across all industries and to nearly every employer with operations in California. On September 30, 2023, Governor Gavin...more

Snell & Wilmer

Employees in California Get a Bump in Paid Sick Leave

Snell & Wilmer on

On October 4, 2023, Governor Gavin Newsom approved Senate Bill No. 616 (SB 616), which significantly increases the amount of paid sick leave required under California’s existing paid sick leave law. Under existing law,...more

Akin Gump Strauss Hauer & Feld LLP

CBA Exception Applies to Agreements Retroactively Waiving PAGA Claims

The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...more

CDF Labor Law LLP

[Webinar] Tackling Key California Labor and Employment Law Issues in Acquisitions & Mergers - August 30th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

CDF Labor Law LLP presents an interactive panel discussion that will cover California transactional and employment law issues triggered by mergers and acquisitions. Richard Weintraub, of Weintraub Law Group, will share his 40...more

Payne & Fears

Key California Employment Law Cases: August 2021

Payne & Fears on

Zuniga v. Alexandria Care Ctr., LLC, 67 Cal. App. 5th 871 (2021) Summary: An expert may rely on inadmissible evidence to form an opinion if the source is reliable. Facts: Plaintiff Rosalinda Zuniga was employed by...more

Payne & Fears

Key California Employment Law Cases: July 2021

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

Payne & Fears

Key California Employment Law Cases: April 2021

Payne & Fears on

California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more

Littler

COVID-19 Labor & Employment Litigation Tracker (UPDATED)

Littler on

Since March 12, there have been 1,914 lawsuits (including 152 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus....more

Proskauer - California Employment Law

Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements

Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020) - Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most...more

Foley & Lardner LLP

New Labor Ball Game in Mexico, Coming Soon to Your Company’s Union

Foley & Lardner LLP on

There is a new labor ball game in Mexico, as the country has amended its relevant laws to be in compliance with the incoming USMCA (U.S.-Mexico-Canada Agreement, soon to be NAFTA´s successor). Most importantly, (i) there...more

Seyfarth Shaw LLP

No Preemption Where Labor Code Doesn’t Require Consulting A CBA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...more

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

Seyfarth Shaw LLP on

Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Brown Signs Final Round of Employment-Related Legislation

Once again, Governor Jerry Brown ends the legislative year by signing a flurry of employment-related legislation. This year, however, is Governor Brown’s last year to do so, and next year we will report about the...more

Fisher Phillips

PAGA Is Even Too Much For Labor – Governor Signs Bill to Let Unionized Construction Employers Off the Hook

Fisher Phillips on

In perhaps the ultimate case of, “do as I say, not as I do,” Governor Brown recently signed legislation to provide PAGA relief to one narrow segment of California employers – unionized construction contractors. Employers...more

Fisher Phillips

Gimme A Break! Court Says CBA Can Block Meal-And-Rest-Period Lawsuit

Fisher Phillips on

As most employers in California know, meal and rest period litigation has been a hot area for more than a decade, troubling employers across all industries. This is largely because state law provides extremely rigid...more

Jackson Lewis P.C.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

Jackson Lewis P.C. on

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...more

Morgan Lewis

France Instates ‘Right to Disconnect’ into Labor Code

Morgan Lewis on

The right to disconnect is within the new legal framework Law of 8 August 2016 relating to Work, Modernization of Social Dialogue, and Securitization of Professional Processes called “Labor Law.” With the rise of many...more

BCLP

Clarifications Regarding Trial Period by the French Supreme Court

BCLP on

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mexico’s Collective Bargaining Freedom Protocol: An Introduction for Employers Doing Business in Mexico

In accordance with the International Labour Standards on Freedom of Association (enshrined in the International Labour Organization (ILO) Constitution, the ILO Declaration of Philadelphia, and the ILO Declaration on...more

Morgan Lewis

The Law Macron: Work on Sundays and in Evenings

Morgan Lewis on

The new changes are not drastically different from current law but manage to a make a complex system even more complex. After months of tense discussions in the French Parliament, the Law for the Growth, the Activity,...more

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