Labor and Employment

25th Annual Employer Seminar | Navigating Human Resources

 
 
Event Information

Date:

Tuesday, October 21, 2014

Time:

8:00 a.m. - 4:30 p.m.

Location:

The Ridge Golf Club
Auburn, CA

HRCI:

6.0 hours

Sponsored By:

Foothill Employer Advisory Council and South Placer Employer Advisory Council
25th Annual Employer Seminar - Silver Celebration

Seminar Overview:

Navigating Human Resources

  • Retaliation: The Looming Risk
  • Get Real, Work Less, Live More
  • Finding and Keeping the Keepers
  • Agency Wage-Hour Audits: How to Fight Fair and Win

Kronick Presenter:

David W. Tyra

 
 

Prompt Payment Requirements That Apply to Employees Who Quit Also Apply to Employees Who Retire

August 20, 2014 | Bulletin No. 1137497.1

California’s Third District Court of Appeal recently concluded that the final wage payment requirements and waiting time penalties prescribed by Labor Code sections 202 and 203 apply not only to employees who quit, but also to employees who retire.  (McLean v. State of California et al., August 19, 2014, C074515.)

Ninth Circuit Holds Alleged Retaliatory Actions Must Be Viewed in Context For Purposes of a First Amendment Retaliation Claim

August 20, 2014 | Bulletin No. 1137496.1

In Wendy Thomas, et al v. County of Riverside, et al, the Ninth Circuit considered whether the District Court properly granted summary judgment of an employee’s First Amendment retaliation claim in favor of the employer. Concluding a reasonable juror could find the employer’s actions were retaliatory when viewed in context, rather than in isolation as the District Court viewed them, the Ninth Circuit reversed and remanded in part.  (Thomas v. County of Riverside (9th Cir., Aug. 18, 2014) --- F.3d ---, 2014 WL 4056546).

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

August 18, 2014 | Bulletin No. 1136820.1

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city employer properly terminated the employee, a police officer, who had recurring interpersonal problems with his colleagues that were attributable to attention deficit hyperactivity disorder (“ADHD”).

Labor Code Requires Reimbursement of Employees’ Work-Related Use of Personal Cell Phone

August 17, 2014 | Bulletin No. 1136467.1

Recently, in Cochran v. Schwan’s Home Service, Inc., (August 12, 2014, B247160) --- Cal.Rptr.3d ----, Cal.App. 2 Dist.), the California Court of Appeal for the Second Appellate District held that an employee is incurring an expense for purposes of California Labor Code section 2802 when he or she is required to make work-related calls on a personal cell phone. 

Employer Cannot Compel Former Employee to Arbitrate Claims After Failing to Follow Preliminary Steps of the Contractual Arbitration Procedure

August 17, 2014 | Bulletin No. 1136269.1

The issue before the Court of Appeal for the Second Appellate District was whether KTLA, LLC, a Los Angeles based broadcaster, could compel a former employee, Kurt Knutsson, to arbitrate his claims against KTLA.  (Knutsson v. KTLA, LLC (--- Cal.Rptr.3d ---, 2014 WL 3919581, Ct. App., Aug. 12, 2014)).  The Court of Appeal held that KTLA could not compel arbitration, in part, because it had failed to follow the first steps in the agreed upon arbitration procedure.  The Court of Appeal also found that based on the language of the collective bargaining agreement, KTLA could not compel an individual to arbitrate, and that questions of substantive arbitrability remain an issue for the court to decide, not an arbitrator. 

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor Commissioner’s Jurisdiction

August 11, 2014 | Bulletin No. 1134881.1

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the clothing retailer’s employment contracts excluded wage claims.  Affirming the trial court’s order denying Tilly’s Inc.’s motion to compel arbitration, the appellate court ruled that wording used in the company’s employment agreement with employee Maria Rebolledo was unambiguous and expressly excluded statutory wage claims from arbitration. The decision allows Rebolledo to proceed with her class action claims against Tilly’s in court. (Rebolledo v. Tilly’s Inc., (July 8, 2014, G048625) --- Cal.App. 4th ----).

CALPELRA 2014 Annual Conference | A Conundrum fro Small Public Agencies: Getting the Work Done While Accommodating Intermittent Protected Leave

 
 
Event Information

Date:

Wednesday, November 19, 2014

Time:

3:05 - 4:35 p.m.

Location:

Portola Hotel & Spa
Monterey, CA

Sponsored By:

California Public Employers Labor Relations Association (CALPELRA)
2014 Annual Training Conference (November 17-21, 2014)

Presenters:

David W. Tyra
Michael Willihnganz, Director of Administrative Services, Placer County Water Agency
Shelley Langan, Human Resources Manager, Placer County Water Agency

 
 

CALPELRA 2014 Annual Conference | Danger – Quicksand Ahead: Staying On Firm Ground During The Hiring Process

 
 
Event Information

Date:

Wednesday, November 19, 2014

Time:

1:15 - 2:45 p.m.

Location:

Monterey Conference Center
Monterey, CA

Sponsored By:

California Public Employers Labor Relations Association (CALPELRA)
2014 Annual Training Conference (November 17-21, 2014)

Presenters:

David W. Tyra
Corrie L. Erickson

 
 

CALPELRA 2014 Annual Conference | The Retaliation Tsunami: Staying Afloat In The Midst Of A Tidal-Wave Of Potential Liability

 
 
Event Information

Date:

Thursday, November 20, 2014

Time:

3:05 - 4:35 p.m.

Location:

Portola Hotel & Spa
Monterey, CA

Sponsored By:

California Public Employers Labor Relations Association (CALPELRA)
2014 Annual Training Conference (November 17-21, 2014)

Presenters:

David W. Tyra
Laura Izon Powell

 
 
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