Labor and Employment

Defense Perspective in PI Games

 
 
Event Information

Date:

March 11, 2014

Time:

12:00 - 1:00 p.m.

Location:

Parc 55 Hotel
San Francisco, CA

MCLE:

1 hour
 

Sponsored By:

San Francisco Trial Lawyers Association

KMTG Presenters:

Margaret J. Grover
Maggie will be serving on a panel with other distinguished trial lawyers

Overview:

A Revolutionary Idea for Success: Thinking as the Check Writers Do

 
 

20th Annual Public Sector Conference: In One Year and Out the Other - Annual Update in Employment and Labor Law

 
 
Event Information

Date:

Friday, April 25, 2014

Time:

9:00 - 10:30 a.m.

Location:

Claremont Hotel
Berkeley, CA

Sponsored By:

The State Bar of California 20th Annual Public Sector Conference and The Labor and Employment Law Section's 31st Annual Meeting

KMTG Presenters:

David W. Tyra

Overview:

At this annual update plenary session, seasoned public sector lawyers will review this past years’ notable cases and legislation. Attendees will hear varying perspectives from counsel representing management, the government, employees, and labor unions, in a point/counterpoint interplay.

 
 

CalPERS May Calculate Retirement Benefits for a City Council Member Separately From His Benefits as a City Employee

February 19, 2014 | Bulletin No. 1085985.1

A city administrator-turned-elected city council member believed his retirement benefits would be based on his highest salary multiplied by all his years of service, including his years on the city council; however CalPERS calculated his benefits separately for the two positions, resulting in lower benefits than he expected.  The Court of Appeal for the Third District held that nothing barred CalPERS from applying governing statutes separately to multiple positions when calculating retirement benefits, and that the city administrator-turned-council member was only entitled to the retirement benefits he actually earned.  (Chaidez et al. v. Board of Administration of California Public Employees’ Retirement System et al. (February 3, 2014, C065913) --- Cal.Rptr.3d ----, Cal.App. 3 Dist.).

Donning and Doffing Protective Gear Constitutes ‘Changing Clothes’ for Purposes of the FLSA

February 4, 2014 | Bulletin No. 1079713.1

In a unanimous opinion, the United States Supreme Court held in Sandifer et al., v. United States Steel Corp., 571 U.S. __ (January 27, 2014) that the time employees spent “donning and doffing” protective gear was not compensable by operation of  the Fair Labor Standards Act ("FLSA"), as it is a subject appropriately committed to collective bargaining.

Note

Justice Sotomayor joined the Court’s opinion except as to footnote 7.

 

ALA 2014 Annual Workshop | Retaliation on the Workplace

 
 
Event Information

Date:

Wed, January 29, 2014

Time:

10:30 a.m. - 12:00 p.m.

Location:

Casa Garden Restaurant

Sponsored By:

Association of Legal Administrators - Sacramento Valley Chapter

Presenter:

David W. Tyra

Overview:

This presentation will focus on recognizing the potential risk of retaliation liability and ways of avoiding it.  The presentation will also provide an in-depth discussion of new legislation that establishes new categories and increased penalties for retaliation in the workplace.

 
 

New Financial Liabilities for Employers Under the Unemployment Insurance Integrity Act Now in Effect

December 27, 2013 | Bulletin No. 1072388.1

Originally passed in 2011 as part of the Trade Adjustment Assistance Extension Act of 2011 ("TAAEA"), the Unemployment Insurance Integrity Act ("Act") went into effect across the nation on October 21, 2013.  The Act mandates each state incorporate new federal requirements into their unemployment insurance ("UI") laws in order to detect and reduce improper UI payments.  The federal government's intent is to ensure more stringent nation-wide standards on employers in order to address waste within the UI system, especially improper payments to unqualified claimants.  The Act imposes new burdens that employers should be aware of in order to avoid unnecessary financial liability.

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

December 2, 2013 | Bulletin No. 1040615.1

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister.  A court of appeal held that the trial court erred in dismissing the employee’s claims for association-based disability discrimination, failure to maintain a discrimination free workplace, and wrongful termination because the employee pleaded facts sufficient to support these claims.  (Rope v. Auto-Chlor System of Washington, Inc. (2013) 220 Cal.App.4th 635).

Employee Not Required to Arbitrate FEHA Claims Where Language of Arbitration Agreement Is Permissive

November 12, 2013 | Bulletin No. 1041695.1

While contractual claims arising from a collective bargaining agreement including an agreement to arbitrate are generally presumed arbitrable, the same presumption does not apply to statutory claims.  Where an employee covered by such a collective bargaining agreement seeks to litigate his or her statutory claims in court rather than in arbitration, a California court will not compel arbitration unless the union “clearly and unmistakably” waived his or her right to a judicial forum.  Recently, the California Court of Appeal for the Second Appellate District held that a

2013 Legislative Developments

November 12, 2013 | Bulletin No. 1063397.1

A number of bills affecting rights and obligations in the workplace were enacted by the California Legislature in 2013. The following is a brief summary of each of these new laws.  For a complete description of these new laws, please refer to our 15-page Reference Guide, available here and on our website for downloading.

Kronick Reference Guide: 2013 Legislative Developments

2013 Legislative Developments
sites/default/files/publications/2013_legislative_developments_0.pdf

A number of bills affecting rights and obligations in the workplace were enacted by the California Legislature in 2013.  Download the attached PDF for a complete description of these new laws.  If you have any questions regarding the impact of these new laws on your workplace, please contact David W. Tyra, Catherine V. Nystrom or the attorney with whom you normally consult.

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