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American River Fire Protection District v. Brennan
Agreement allowing employees to receive cash for accrued sick leave on retirement isn't unconstitutional.
Labor Law Jun. 9, 1999
Division of Labor Standards Enforcement v. Fidelity Roof Co.
Agency action to collect workers' unpaid wages is untimely, but payment bond surety collection is permissible.
Labor Law Jun. 7, 1999
Standard Insurance Co. v. Saklad
Fiduciary under ERISA cannot withhold payment from beneficiary as setoff for undeserved benefits under different plan.
Labor Law Jun. 7, 1999
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Bechtel Construction Co.
Court can fill blank space for arbitrator's name in agreement if contentious unions do not.
Labor Law Jun. 7, 1999
Marques v. Telles Ranch Inc.
Under WARN, seasonal agricultural workers suffer 'employment loss' at earliest time they could expect recall.
Labor Law Jun. 7, 1999
Hudson v. Board of Administration of the Public Employees' Retirement System
Converting employer-paid benefits to salary isn't compensation for pension calculation under Public Employees' Retirement Law.
Labor Law Jun. 6, 1999
Stationary Engineers Local 39 v. County of Sacramento
Civil Service awarding preference points to lower-scoring employees in open examination violates county charter.
Labor Law Jun. 4, 1999
Ford v. St. Joseph's Omni Preferred Care Inc.
ERISA doesn't pre-empt employer's state contract claim against benefits plan administrator for not seeking reimbursement.
Labor Law Jun. 4, 1999
Knight v. Kenai Peninsula Borough School District
Non-union members aren't required to exhaust union remedies before suing to challenge chargeability of agency fee.
Labor Law Jun. 4, 1999
Imada v. City of Hercules
Fair Labor Standards Act doesn't require city pay police for time traveling to off-site training.
Labor Law Jun. 3, 1999
Air Line Pilots Association v. Miller
Agency fee objectors who haven't agreed to arbitration needn't exhaust arbitral remedy before suing union.
Labor Law Jun. 3, 1999
Cisneros v. UNUM Life Insurance Co.
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment.
Labor Law May 27, 1999
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings.
Labor Law May 26, 1999
Pension Benefit Guaranty Corp. v. Carter & Tillery Enterprises
Under ERISA, Pension Benefit Guaranty Corp. can sue as creditor or impose lien for unfunded contributions.
Labor Law May 26, 1999
Soldate v. Fidelity National Financial, Inc.
No reversal for wrongful juror instruction in constructive termination case unless jury verdict is prejudiced.
Labor Law May 25, 1999
Armstrong v. Burlington Northern Railroad Co.
Federal Employers' Liability Act covers injury to railroad worker occurring at employer-paid hotel.
Labor Law May 25, 1999
Cisneros v. UNUM Life Insurance Co. of America
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment.
Labor Law May 24, 1999
Jacobson v. Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan.
Labor Law May 24, 1999
Operating Engineers Health and Welfare Trust Fund v. JWJ Contracting Co.
ERISA doesn't pre-empt Arizona statute governing public contractor payment bonds and guarantees by third-party sureties.
Labor Law May 21, 1999
G&G Fire Sprinklers Inc. v. Bradshaw
Public works subcontractor is entitled to hearing regarding penalty for failure to comply with wage requirements.
Labor Law May 21, 1999
National Labor Relations Board v. Kolkka
Employer must bargain with collective bargaining representative even though some voting employees are undocumented aliens.
Labor Law May 20, 1999
California Labor Federation v. Industrial Welfare Commission
Industrial Welfare Commission can amend overtime requirements to make rules more closely comply with federal law.
Labor Law May 10, 1999
Kearney v. Standard Insurance Co.
District court must admit additional evidence where circumstances require de novo review of benefits decision.
Labor Law May 6, 1999
National Labor Relations Board v. Ironworkers Local 433
Enforcement of prospective non-compliance fines for violation of consent decree doesn't trigger criminal procedural safeguards.
Labor Law May 6, 1999
City of Fresno v. People
Issue of repeal may go before electorate when city isn't required to 'bargain to impasse' under Meyers-Milias-Brown Act.
Labor Law Apr. 28, 1999
Saridakis v. United Airlines
Railway Labor Act doesn't preclude independent right to sue under the Americans with Disabilities Act.
Labor Law Apr. 26, 1999
Synder v. Freight, Construction, General Drivers, Warehousemen and Helpers Local No. 287
Union's executive board can use union funds to obtain attorney and file action against union official who has violated his fiduciary duties.
Labor Law Apr. 21, 1999
Montoya v. Rescue Industries Inc.
Order
Labor Law Apr. 20, 1999
Mardis v. Central National Bank & Trust of Enid
Order
Labor Law Apr. 15, 1999
Premier Private Security Inc. v. International Union
Order
Labor Law Apr. 15, 1999