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Name Category Published
Corrales v. Bradstreet
Labor Commissioner improperly issues binding precedent decision circumventing Administrative Procedure Act but is not responsible for general backlog in processing employee claims. 		Labor Law Jul. 11, 2007
City and County of San Francisco v. International Union of Operating Engineers, Local 39
Courts do not have jurisdiction to adjudicate collective bargaining disputes between California and its employees where administrative remedies have not been exhausted. 		Labor Law Jun. 1, 2007
City and County of San Francisco v. International Union of Operating Engineers, Local 39
Courts do not have jurisdiction to adjudicate collective bargaining disputes between California and its employees where administrative remedies have not been exhausted. 		Labor Law Jun. 1, 2007
East Bay Automotive Council v. National Labor Relations Board
Enforcement of collective bargaining order not time-barred where union has no constructive knowledge of employer's unilateral promotions. 		Labor Law Apr. 19, 2007
McKinnon v. Otis Elevator Co.
Where employer failed to properly notify employee of subrogation lawsuit involving alleged third-party tortfeasor, employee is not barred from filing her own action. 		Labor Law Apr. 17, 2007
Murphy v. Kenneth Cole Productions Inc.
Trial court erred by addressing new claims not previously raised before Labor Commissioner. 		Labor Law Apr. 16, 2007
Murphy v. Kenneth Cole Productions Inc.
One additional hour of pay to cover denied meal or rest period is deemed premium wage subject to three-year limitations period. 		Labor Law Apr. 16, 2007
United Steelworkers of America AFL-CIO-CLC v. NLRB
NLRB does not abuse its discretion where it adopts all administrative law judge's recommendations but refuses to impose 'Gissel' remedy. 		Labor Law Apr. 5, 2007
Valdez v. Himmelfarb
Employers' motion for summary judgment is improperly granted where Labor Code Section 3706 action is subject to three-year limitation period. 		Labor Law Mar. 28, 2007
Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court (First Transit Inc.)
Individual's statutory right to sue in representative capacity under Labor Code and UCL may not be assigned to third party. 		Labor Law Mar. 23, 2007
Church v. Jamison
Legal malpractice claim fails where attorney timely filed complaint with regard to unpaid vacation issue in employment case. 		Labor Law Mar. 20, 2007
Reyes v. Van Elk Ltd.
Case law does not preclude undocumented workers from having standing to assert their prevailing wage claim. 		Labor Law Mar. 14, 2007
Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court (First Transit Inc.)
Individual's statutory right to sue in representative capacity under Labor Code and UCL may not be assigned to third party. 		Labor Law Mar. 7, 2007
Ward v. Circus Circus Casinos Inc.
Employees' state law tort claims against employer were not pre-empted by Section 301 of Labor Management Relations Act. 		Labor Law Feb. 16, 2007
Diaz v. International Longshoremen's and Warehousemen's Union, Local 13
Court erroneously dismisses plaintiffs' claim against labor union for breach of duty of fair representation. 		Labor Law Feb. 9, 2007
Trustees of the Southern California Bakery Drivers Security Fund v. Middleton
Trustee of employee benefit plans does not qualify as ERISA exempt 'insurer,' and is liable for breach of fiduciary duty to plan participants. 		Labor Law Jan. 26, 2007
Norfolk Southern Railway Co. v. Sorrell
Railroad worker is improperly awarded damages for injuries where Missouri jury instructions contained different causation standards for railroad negligence and contributory negligence. 		Labor Law Jan. 12, 2007
Bliesner v. Communication Workers of America
Inability to establish union's failure to provide fair representation or employer's breach of collective bargaining agreement renders summary judgment appropriate for both. 		Labor Law Dec. 5, 2006
Hodge v. Superior Court (AON Insurance Services)
Where employees' unfair competition law claim was equitable in nature, employer was not entitled to jury trial. 		Labor Law Dec. 1, 2006
Singh v. Superior Court (UHS of Delaware Inc.)
Court properly determined controlling law concerning overtime pay for health care employees on alternative workweek schedule. 		Labor Law Nov. 28, 2006
Healthcare Employees Union Local 399 v. NLRB
Evidence does not support labor board's ruling that union failed to meet its burden regarding unfair labor practice claim. 		Labor Law Nov. 8, 2006
Dunlap v. Superior Court (Bank of America)
Where statutory penalties sought were recoverable under Labor Code, party was not required to comply with Private Attorneys General Act's administrative prerequisites. 		Labor Law Nov. 6, 2006
Mora v. Construction Laborers Pension Trust for Southern California
Payments to Vacation Trust made for time during which retiree worked cannot be counted as hours for service to increase pension. 		Labor Law Oct. 23, 2006
Claremont Police Officers Association v. City of Claremont
City was not required to confer with police officers' association where action did not have significant impact on working conditions. 		Labor Law Oct. 18, 2006
Santa Clara Valley Transportation Authority v. Rea (American Federation of State, County and Municipal Employees, Local 101, AFL-CIO)
State law requiring transportation authority to bargain with labor union that included management personnel in bargaining unit overrode federal law requiring otherwise. 		Labor Law Oct. 16, 2006
Bearden v. U.S. Borax Inc.
Exemption under order of Industrial Welfare Commission is invalid where employees subject to collective bargaining agreement are exempt from mandated meal breaks. 		Labor Law Aug. 28, 2006
Sully-Miller Contracting Co. v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Labor Code Section 6401.7(h) does not relieve employer of duty to provide safety training to employee whom it leases to secondary employer. 		Labor Law Aug. 28, 2006
Violante v. Communities Southwest Development and Construction Co.
Subcontractor's employee on public works project may not sue prime contractor where subcontractor failed to pay prevailing wages. 		Labor Law Aug. 28, 2006
Harris v. Investor's Business Daily, Inc.
Demurrer is improperly sustained where Fair Labor Standards Act does not pre-empt claim under California Business and Professions Code. 		Labor Law Aug. 25, 2006
Harris v. Investor's Business Daily Inc.
Demurrer is improperly sustained where Fair Labor Standards Act does not pre-empt claim under California Business and Professions Code. 		Labor Law Aug. 23, 2006
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