News & Analysis as of

Labor Code Unions

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

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

CDF Labor Law LLP

Captive Audience Meetings Now Banned By State Law in California 

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Last Friday, Governor Newsom signed SB 399 – The California Worker Freedom from Employer Intimidation Act into law.   SB 399, which will take effect on January 1, 2025, prohibits private and public employers in...more

Fisher Phillips

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

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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

Dechert LLP

Santé, sécurité et conditions de travail / Sélection de jurisprudence – France / Second semestre 2023

Dechert LLP on

Quand l’imminence du licenciement du salarié confère à sa tentative de suicide un caractère professionnel et la qualifie d’accident du travail (Cass. civ., 2e ch., 1er juin 2023, n°21-17.804 D) - Un salarié se voit...more

Husch Blackwell LLP

The Labor Law Insider: Union Activity, Employment Engagement, and Changes in the Manufacturing Industry

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The Labor Law Insider podcast welcomes Husch Blackwell partner Anne Mayette on her inaugural trip to the LLI microphone. Anne, who practices out of the firm’s Chicago office, is a seasoned labor and employment lawyer, and...more

Snell & Wilmer

U.S. Supreme Court to Rule on NLRA Preemption of Tort-Based Suits

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We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Hears Oral Argument on Whether NLRA Preempts State Court Lawsuits Against Unions for Property Damage Caused During Labor...

The new year begins with one of the most anticipated labor cases on the high court’s docket in decades. On January 10, 2023, the U.S. Supreme Court heard oral argument in Glacier Northwest, Inc. v. International Brotherhood...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

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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

White and Williams LLP

Takeaways From an Earlier Generation’s Labor Management Strategies

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This blog post is designed to provide some fresh ideas for managing your workforce by sharing stories I have learned from my father over the years. It is a bittersweet time to write this. My father is 95 years old, in a...more

Akerman LLP - HR Defense

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Payne & Fears

Key California Employment Law Cases: July 2021

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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

Snell & Wilmer

A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

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In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more

Foley & Lardner LLP

New California Laws Set Stage for the Future

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The Biden Plan for Strengthening Worker Organizing Collective Bargaining and Unions specifically endorses several California employment laws as models for the whole country. Accordingly, the many new employment laws set to...more

Orrick - Employment Law and Litigation

How To Deal with Strikes in France?

In 2019, France has been facing many strikes and social movements which impacted companies in term of business and staff management. Who did not hear about the “Yellow vests” movement or, more recently, the claims raised...more

Foley & Lardner LLP

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

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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

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

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

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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

Fisher Phillips

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

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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

Benesch

Red Sky in Morning, Shippers Take Warning: California’s Dignity in the Driver’s Seat Bill

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What’s Happening?: Potential Joint Liability for Drayage Carrier Customers - California retailers and shippers beware. In another move by California lawmakers to deter companies from classifying truck drivers as...more

Fisher Phillips

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

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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

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

Haight Brown & Bonesteel LLP

Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

In City Of El Centro v. David Lanier (State Building And Construction Trades Council Of California, AFL-CIO), the 4th appellate district upheld by a 2-1 majority the constitutionality of Labor Code section 1782, which...more

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