Public employee unions dodged a bulldozer yesterday when the U.S. Supreme Court announced that it had deadlocked 4 to 4 in Freidrichs v. California Teachers Ass’n, the case challenging the constitutionality of compulsory union dues for public employees. On January 12, we wrote that the Supreme Court was poised to end compulsory dues for
Mandated Retirement Savings May Be Coming to a State Near You
In 2012, the California legislature enacted SB 1234 that set the stage for the creation of Secure Choice Savings Plans, a state-sponsored retirement program for private employers. The legislation created an Investment Board that has now issued its 500-page blueprint for the program (pdf). The stated goal is to create a portable IRA-like plan
Supreme Court Poised To End Compulsory Union Dues For California Teachers
Almost 40 years ago, the U.S. Supreme Court in Abood v. Detroit Board of Education ruled that states could require public employees to pay union dues. The Court, however, now seems poised to sidestep, and perhaps even overrule, that decision. On January 11, the Court heard argument in a case brought by dissident teachers in
U.S. Supreme Court Asked to Grant Writ in Iskanian
Last June, the California Supreme Court in Iskanian v. CLS Transportation, 59 Cal. 4th 348, decided that the waiver of class action participation in an arbitration agreement was enforceable, but the waiver of a representative action under the Private Attorneys General Act (“PAGA”)
Taxes on Meals for Employees: The Taxman Cometh For Your Lunch
For decades, employers have relied on IRS policy that says when meals are provided for “the convenience of the employer,” the value of the meal is not taxable income. That policy is apparently about to change. The IRS announced on August 26, 2014 in its Priorities Guidance Plan that one of its new “priorities” will
California Supreme Court Reaffirms Traditional Analysis Of “Joint Employment” for Franchisors
On July 30, we blogged about the recent efforts of the National Labor Relations Board to hold corporate franchisors, such as McDonald’s, liable for the acts of individual franchisees toward employees under the theory that the “parent” company is a “ joint employer.” We opined that this effort was a “stretch” to deviate from traditional
Plaintiffs, Unions and the NLRB Stretch to Find Joint Employers
In the quest to expand liability for real and imagined violations of employment laws, and to find more and deeper pockets, the latest target for plaintiffs’ lawyers and unions is the “joint employer.” The joint employment concept is a decades-old doctrine that applies where two companies are so intertwined and jointly involved with the
San Francisco May Seek to Eliminate Part-Time Work
The City of San Francisco is at it again. In addition to the already-mandated super-minimum wage, mandatory health insurance, and paid time off, Supervisor Erich Mar is now introducing the Retail Workers Bill of Rights to eliminate part-time and irregular schedules. He says in a San Francisco Chronicle editorial that the measure is needed