When the employer failed to reasonably accomodate its Jehova's Witness employee's wish to go to a religious convention that was held to be a form of study or worship, without reason, the Court held that the employer was in violation of the FEHA.
Judgment REVERSED.
9/30/2004
Vetonator Part Zwei
Gov. Schwarzenegger vetoed two "off-shoring" bills, AB 1829 (preventing any state work from being moved overseas), SB 888 (no moving homeland security work offshore). The Sacramento Bee reports. The Governor, however, shored-up the Foie-Gras technology industry here in California.
And just in case you need a laugh because it's not Friday yet... read this. The Money Quote? "The third time it came in, I lassoed it and dragged it outside. . ."
And just in case you need a laugh because it's not Friday yet... read this. The Money Quote? "The third time it came in, I lassoed it and dragged it outside. . ."
9/28/2004
Earthquake Blogging
Here on the Central Coast, things are so good that our karmatic balance has to be restored by something. Nature, apparently, has chosen serial 6.0 earthquakes. As far as I know, no buildings have collapsed this time.
On to the news. . .
In the hotel labor dispute, the owners have accused the union of not bargaining in good faith. The LA Times reports.
On to the news. . .
In the hotel labor dispute, the owners have accused the union of not bargaining in good faith. The LA Times reports.
9/27/2004
Labor Costs Rising
The WSJ (Sub. req'd) has this piece on rising labor costs. Since in real terms, wages have gone up infinitesimally in the last 30 years, it must be the overhead. The piece says its lower productivity and health care costs.
9/23/2004
Welfare Capitalism
Today's Slate has a piece on the demise of what the author calls welfare capitalism. Free marketeers have thus far opposed things like socialized welfare--but would it be easier for most employers to not have to deal with this and pensions, etc.?
So, imagine you didn't have to deal with Workers' Compensation because, well, they're covered. Hmmm...
So, imagine you didn't have to deal with Workers' Compensation because, well, they're covered. Hmmm...
9/22/2004
It's not exactly the GI bill but ...
The Bush administration proposed new regulations Monday aimed at clarifying employment protections for veterans and reservists returning from active duty. The Labor Department initiative was announced as Democrat John Kerry stepped up his criticism of President Bush on Iraq.The NY Times reports.
[CLEL has a policy of withholding opinions on things like this, but CLEL will bend this rule to say that CLEL hopes that we don't hear shrieks of unfairness about this one from certain shrill and alarmist practitioners out there.]
Upcoming BASF Meeting on 96(k)
The Bar Assn. of San Francisco is holding an event next week that I'd very much like to attend. Unfortunately, I probably won't be able to make it. If anyone reading this is going and would like to give me notes, please let me know.
Labor Code Section 96(K): A Dramatic Modification of Employment at Will, a New
License for Lifestyle Liberty, or Just Another Procedure to Assert Already
Established Rights?Labor and Employment Section: Program
9/20/2004
The Veto-nator.
As predicted here at CLEL, Gov. Schwarzenegger vetoed the minimum wage hike bill. The Bee reports. [CLEL will go out on a limb an predict the Legislature will attempt--and fail--to override this veto.]
Also vetoed were SB 1056 requiring "economic impact reports" before big box stores could come in.
Also vetoed were SB 1056 requiring "economic impact reports" before big box stores could come in.
9/17/2004
Friday news
In the ongoing hotel/worker labor dispute, the hotels have locked out the laundry worker. The LA Times reports.
9/15/2004
Slow week
Dear Readers:
I was sick earlier this week and now I will be hustling to catch up that time. The posting will be light. I expect there might be one case or two coming down that I will want to note. I'm also continuing to see what legislation is signed by the governor, what's going on in the labor conflicts going on right now, and, also the NHL lockout, which I think may be a paradigm-establishing conflict.
I was sick earlier this week and now I will be hustling to catch up that time. The posting will be light. I expect there might be one case or two coming down that I will want to note. I'm also continuing to see what legislation is signed by the governor, what's going on in the labor conflicts going on right now, and, also the NHL lockout, which I think may be a paradigm-establishing conflict.
9/13/2004
Card checks.
NLRB may rule ahead of the election on card-check certifications. The LA Times reports.
9/10/2004
Motevalli v. Los Angeles Unified School Dist. Second Appellate Dist. No. B165380
[Just in case it wasn't clear. . .—Ed.]
". . . no cause of action exists for tortioius nonrenewal of an employment contract in violation of public policy."
Judgment below AFFIRMED.
". . . no cause of action exists for tortioius nonrenewal of an employment contract in violation of public policy."
Judgment below AFFIRMED.
9/08/2004
Prachasaisoradej v. Ralphs Grocery Co. 2d Dist. Case No. B165498
The court held that a claim arising from Ralphs' allegedly bad calculations of bonuses arising under the Labor Code and the UCL, and not under a CBA, were not preempted by section 301 of the LMRA and NLRA because the rights arising under the Labor Code are wholly independent of any rights provided by a CBA.
Dismissal is REVERSED and REMANDED.
Read it here.
Dismissal is REVERSED and REMANDED.
Read it here.
9/07/2004
Post Labor Day News Wrap
Norcal grocery negotiations are ongoing, looking to avoid Socal situation. The San Jose Mercury News reports.
The San Diego Union-Tribune reports on the on-going problem of workers returning from Iraq to find their jobs gone.
The rest of the country is having issues with the new OT rules. The WSJ (sub. req'd) reports.
And, the most important issue facing the Governor this month: The Ferret Liberation Act of 2004!
The San Diego Union-Tribune reports on the on-going problem of workers returning from Iraq to find their jobs gone.
The rest of the country is having issues with the new OT rules. The WSJ (sub. req'd) reports.
And, the most important issue facing the Governor this month: The Ferret Liberation Act of 2004!
9/03/2004
Job numbers
So much in life is what you expect. The same result can be a disappointment to some and a boon to others. Since we've had a very bad year in terms of job growth, 144,000 new jobs all of a sudden looks like a big number (and indeed it was over 4 times last month). It's not. Don't deceive yourself. It doesn't even make up for population growth.
CLEL hase been pondering the effect this has on our practice. If anyone has some thoughts, please post a comment. It seems to CLEL, when there is a job shortage, it's clearly to the advantage of the managment side in a labor negotiation; in "employment" law, however, the less jobs are available, the more likely you are to see the recently departed file for any money available. An unusual contradiction for practitioners of "labor and employment" law.
CLEL hase been pondering the effect this has on our practice. If anyone has some thoughts, please post a comment. It seems to CLEL, when there is a job shortage, it's clearly to the advantage of the managment side in a labor negotiation; in "employment" law, however, the less jobs are available, the more likely you are to see the recently departed file for any money available. An unusual contradiction for practitioners of "labor and employment" law.
9/02/2004
The Labor Battle of the Decade?
I was going to say century, but that would really be stretching it. Plus, I know that professional athletes hardly conjure the labor strife of 100 years ago, but the NHL battle coming up may have a touch of everything.
I have to admit, though, that the NHL labor talks are extremely high stakes. Literally--not rhetorically--the future of the league is riding on the outcome.
Yet another round of talks are going nowhere. The owners' stategy has been suggested to be to aim for a labor impasse and unilaterally impose their hard cap next year. The current CBA will expire one day after the World Cup finale, on 9/15.
If you are unfamiliar with the NHL labor dispute, it's a little more complex than the usual millionaire versus billionaire conflict of major sports. First and foremost, the NHL's popularity has plummeted in the last ten years. Teams have been added in areas where hockey is not a traditional sport, instead of putting more teams where it's sure to be popular. There have been several bankruptcies of late, yet no contraction.
Since CLEL purports to track California labor law issues, it's worth pointing out that the California teams have been very successful of late. San Jose was in the final four this year, and Anaheim went to game 7 of the final before losing. But they haven't had the attendance you might expect from championship caliber teams.
CLEL will continue to follow this brinksmanship.
I have to admit, though, that the NHL labor talks are extremely high stakes. Literally--not rhetorically--the future of the league is riding on the outcome.
Yet another round of talks are going nowhere. The owners' stategy has been suggested to be to aim for a labor impasse and unilaterally impose their hard cap next year. The current CBA will expire one day after the World Cup finale, on 9/15.
If you are unfamiliar with the NHL labor dispute, it's a little more complex than the usual millionaire versus billionaire conflict of major sports. First and foremost, the NHL's popularity has plummeted in the last ten years. Teams have been added in areas where hockey is not a traditional sport, instead of putting more teams where it's sure to be popular. There have been several bankruptcies of late, yet no contraction.
Since CLEL purports to track California labor law issues, it's worth pointing out that the California teams have been very successful of late. San Jose was in the final four this year, and Anaheim went to game 7 of the final before losing. But they haven't had the attendance you might expect from championship caliber teams.
CLEL will continue to follow this brinksmanship.