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Dept. of the Treasury - IRS v. Federal Labor Relations Authority
Because Fair Labor Standards Act governs overtime, Act's remedies provision determines whether United States waived sovereign immunity in case regarding overtime compensation.
Labor Law Apr. 4, 2008
Isner v. Falkenberg/Gilliam & Associates Inc.
Resident employees required to live on premises are not entitled to compensation for time spent 'being available' to respond to emergency duties.
Labor Law Mar. 19, 2008
International Brotherhood of Teamsters v. North American Airlines
Railway Labor Act does not require status quo precluding carriers from unilaterally altering employment terms before initial collective bargaining agreement is completed.
Labor Law Mar. 10, 2008
City of San Jose v. Operating Engineers Local Union No. 3
Public Employment Relations Board is appropriate forum for hearing matters related to public employees' right to strike.
Labor Law Mar. 5, 2008
Service Employees International Union, Local 250 v. Colcord
Union is not entitled to compensatory damages where organizers' breach of fiduciary duty did not proximately cause costs incurred to prevent decertification.
Labor Law Feb. 25, 2008
Luke v. Collotype Labels USA Inc.
National Labor Relations Act preempts wrongful termination claim of engineer who listens to other employees' complaints about working conditions at plant.
Labor Law Feb. 18, 2008
Combs v. Skyriver Communications Inc.
Director in 'flat organization' with some administrative capacity is not 'production worker' whose 'routine and unimportant' functions entitle him to overtime.
Labor Law Feb. 8, 2008
Local Joint Executive Board of Las Vegas v. National Labor Relations Board
Human resources managers who interrupt employees about to sign union cards is not unlawful surveillance violating National Labor Relations Act.
Labor Law Jan. 29, 2008
Schachter v. Citigroup Inc.
Forfeiture provision, requiring employee to forfeit company stock if he resigns within two-year vesting period, does not violate Labor Code.
Labor Law Jan. 23, 2008
United Steelworkers of America v. Retirement Income Plan for Hourly-Rated Employees of ASARCO Inc.
Court grants union summary judgment where retirement dispute falls within arbitration clause but must determine effect of automatic stay on attorney fees.
Labor Law Jan. 8, 2008
Gonzalez v. Beck
Defendants in wage dispute must appeal to Labor Commissioner for relief from default before moving to set aside judgment in trial court.
Labor Law Dec. 31, 2007
Virginia Mason Hospital v. Washington State Nurses Association
In case involving hospital's collective bargaining agreement, arbitrator properly orders that mandatory flu immunization protocol be rescinded.
Labor Law Dec. 24, 2007
Vaught v. State of California
Employee's action is barred by workers' compensation exclusivity rule where job required him to live on employer's premises.
Labor Law Dec. 20, 2007
Plumbers and Steamfitters, Local 290 v. Duncan (Kramer Properties Inc.)
Plumbing work to improve privately owned building, 63% of which is leased to county after construction, constitutes public work requiring prevailing wage.
Labor Law Dec. 12, 2007
District Council No. 16 of the International Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 v. B&B Glass Inc.
'Out-of-area' and 'work preservation' clauses do not allow union to compel arbitration against employer who did not control actual work.
Labor Law Dec. 11, 2007
Gattuso v. Harte-Hanks Shoppers Inc.
Employer must apportion enhanced compensation paid to employees in form of increased salary or commission rates to satisfy statutory reimbursement obligation.
Labor Law Nov. 5, 2007
Williams v. SnSands Corp.
For Prevailing Wage Law to apply to truck drivers, their role transporting materials must be integral to completion of public works contract.
Labor Law Nov. 1, 2007
Beck v. United Food and Commercial Workers Union, Local 99
District court's inference of discriminatory intent based on comparative evidence alone was not clearly erroneous.
Labor Law Nov. 1, 2007
Fitz-Gerald v. Skywest Airlines Inc.
Flight attendants' claims for overtime wages and meal damages are pre-empted by Railway Labor Act.
Labor Law Oct. 17, 2007
Rialto Police Benefit Association v. City of Rialto (County of San Bernardino)
City's decision to contract with county sheriff rather than police department is subject to Meyers-Milias-Brown Act's meet and confer requirements.
Labor Law Oct. 4, 2007
Fitz-Gerald v. Skywest Airlines Inc.
Flight attendants' claims for overtime wages and meal damages are pre-empted by Railway Labor Act.
Labor Law Sep. 20, 2007
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
County has power to force peace officer employees to use excess deferred vacation time in order to avoid year end cash payout.
Labor Law Sep. 16, 2007
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
County has power to force peace officer employees to use excess deferred vacation time in order to avoid year end cash payout.
Labor Law Sep. 12, 2007
Dent v. Cox Communications Las Vegas Inc.
Plaintiff waives right to bring suit only for time period specified in form acknowledging receipt of payment of unpaid wages.
Labor Law Sep. 10, 2007
Nigg v. U.S. Postal Service
Fair Labor Standards Act's overtime provisions and 39 U.S.C. Section 1003(c) are not in irreconcilable conflict where postal inspectors claim right to overtime pay.
Labor Law Aug. 29, 2007
Sheet Metal Workers International Association, Local Union No. 104 v. Rea (Solano County Roofing Inc.)
Union fails to exhaust administrative remedy by requesting rate of pay determination within 20-day period after call for bids.
Labor Law Aug. 29, 2007
District Council No. 16 of the International Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 v. B&B Glass Inc.
'Out-of-area' and 'work preservation' clauses do not allow union to compel arbitration against employer who did not control actual work.
Labor Law Aug. 16, 2007
Estrada v. FedEx Ground Package System Inc.
Substantial evidence supports finding that FedEx drivers are employees, not independent contractors, for purposes of Labor Code Section 2802.
Labor Law Aug. 13, 2007
Sheet Metal Workers International Association, Local Union No. 104 v. Rea (Solano County Roofing Inc.)
Union fails to exhaust administrative remedy by requesting rate of pay determination within 20-day period after call for bids.
Labor Law Jul. 30, 2007
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