Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A114636
|
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 | |
C051407
|
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 | |
C051407
|
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 | |
A114815
|
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 | |
A114815
|
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 | |
04-74997
|
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 | |
C051752
|
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 | |
A107219
|
Murphy v. Kenneth Cole Productions Inc.
Trial court erred by addressing new claims not previously raised before Labor Commissioner. |
Labor Law |
|
Apr. 16, 2007 | |
S140308
|
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 | |
04-76132
|
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 | |
B184281
|
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 | |
B191879
|
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 | |
F048224
|
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 | |
B182068
|
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 | |
B191879
|
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 | |
04-17098
|
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 | |
04-56957
|
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 | |
04-56982
|
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 | |
05-746
|
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 | |
04-35702
|
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 | |
B189941
|
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 | |
B187797
|
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 | |
03-72029
|
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 | |
B185247
|
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 | |
04-55594
|
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 | |
S120546
|
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 | |
H028841
|
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 | |
B182625
|
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 | |
C049013
|
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 | |
E037333
|
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 |