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Lambert v. Ackerly
Employees fired for complaining informally of overtime violations don't have retaliation claim under Fair Labor Standards Act.
Labor Law Jun. 18, 2000
Burton v. Stevedoring Services of America
Disability benefits decisions pending for over a year and not decided by Sept. 12, 1996, are null and void.
Labor Law Jun. 15, 2000
Niehaus v. Greyhound Lines Inc.
Federal labor law doesn't pre-empt state law tort and contract claims that don't require interpretation of collective bargaining agreement.
Labor Law Jun. 15, 2000
Port of Portland v. Director, Office of Workers Compensation Programs
Employee, whose injuries 'naturally progressed' from single accident to totally disability, is entitled to wage rate at time of accident.
Labor Law Jun. 15, 2000
Cline v. The Industrial Maintenance Engineering and Contracting Co.
Employee benefit plan is an individual retirement annuity governed by the Internal Revenue Code, not ERISA.
Labor Law Jun. 9, 2000
Laborers Health and Welfare Trust Fund for Northern California v. Leslie G. Delbon Co. Inc.
Union's failure to challenge employer's termination of contribution to retirement plan entitles employer to conclude that union abandoned challenge and employer's obligation ended.
Labor Law Jun. 9, 2000
Association of Civilian Technicians v. Federal Labor Relations Authority
Under 1996 Department of Defense Appropriations Act, Department of Defense employees may not use official time to lobby.
Labor Law Jun. 9, 2000
NLRB v. Advanced Stretchforming International Inc.
Successor employer must bargain collectively before imposing terms when it hires its initial workers entirely from represented unit.
Labor Law Jun. 2, 2000
Balcorta v. Twentieth Century-Fox Film Corp.
Labor Management Relations Act Section 301 doesn't completely pre-empt California Labor Code Section 201.5.
Labor Law Jun. 2, 2000
Johnston v. Volunteers of America Inc.
Domestic service providers that live in residences maintained by provider, rather than in private homes, do not qualify for FLSA overtime exemption.
Labor Law Jun. 1, 2000
Williamson v. General Dynamics Corp.
Fair Labor Standards Act does not pre-empt employees' common-law fraud claims based on employer's promise of continued employment.
Labor Law Jun. 1, 2000
International Federation of Professional and Technical Engineers, Local 21 v. City and County of San Francisco
Although Meyers-Milias-Brown Act allows local regulation, when the act imposes a standard, local divergence is not allowed.
Labor Law Jun. 1, 2000
Vasquez v. Superior Court (Los Angeles County Fair Association)
Collective bargaining agreement does not contain clear waiver of union member's right to sue employer for statutory claims of employment discrimination.
Labor Law Jun. 1, 2000
Christensen v. Harris County
Public employer may force employees to use or lose accrued compensatory time.
Labor Law May 9, 2000
Ramirez v. Yosemite Water Company
Salesperson spending majority of time away from employer premises is exempt from overtime laws.
Labor Law May 8, 2000
Ramirez v. Yosemite Water Co.
Salesperson spending majority of time away from employer's premises is exempt from overtime laws.
Labor Law May 8, 2000
Morillion v. Royal Packing Co.
Farm workers aren't entitled to compensation for time spent in required travel on company buses.
Labor Law May 8, 2000
Cramer v. Consolidated Freightways Inc.
When collective bargaining agreement contemplates electronic surveillance of employees by employer, Labor Management Relations Act preempts state law claims for invasion of privacy.
Labor Law May 7, 2000
Garvey v. Roberts
When arbitrator's finding is inexplicable and borders on irrational, award must be vacated.
Labor Law May 4, 2000
Biggs v. Logan County Board
Order
Labor Law Apr. 18, 2000
Renna v. County of Fresno
Board member assistant position falls within Fair Labor Standards Act's personal staff exception and is, therefore, exempt from its overtime provisions.
Labor Law Mar. 31, 2000
Healy Tibbitts Builders Inc. v. Cabral
Party challenging award of attorney fees under Longshore and Harbor Workers' Compensation Act is not entitled to hearing before adminstrative law judge.
Labor Law Mar. 30, 2000
Slevira v. Western Sugar Co.
Union does not breach its duty of fair representaion when it decides not to arbitrate union member's grievance.
Labor Law Mar. 30, 2000
United Food & Commercial Workers Union v. Albertsons Inc.
Union may not bring suit to invalidate collective bargaining agreement under Fair Labor Standards Act.
Labor Law Mar. 29, 2000
Lett v. Paymentech Inc.
Labor Code Sections 2751 and 2752 are unconstitutional as applied to businesses lacking a fixed and permanent place of business in California.
Labor Law Mar. 23, 2000
American Federation of Government Employees v. Federal Labor Relations Authority
Federal agency's refusal to bargain over staffing levels is not unfair labor practice.
Labor Law Mar. 14, 2000
Pacific Maritime Ass. v. Local 63
Public sector union isn't subject to liability for 'secondary boycott' under Labor Management Relations Act.
Labor Law Mar. 3, 2000
Bowles v. Reade
ERISA complaint against corporate trustee for breach of fiduciary duty cannot be dismissed, despite designation of wrong party plaintiff.
Labor Law Mar. 3, 2000
Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174
Dispute between union and client company over whether client company's subcontractors must employ that union's member is a Norris-LaGuardia labor dispute.
Labor Law Feb. 27, 2000
National Labor Relations Board v. F & A Food Sales Inc.
If collective bargaining agreement has not expired, employer must recognize union after hiatus in which employer subcontracted work to another company.
Labor Law Feb. 9, 2000