The United States Supreme Court ruled today in Knox v. SEIU that a union violates the First Amendment by imposing or increasing the dues or fees of union-represented public (meaning government-employed) employees if those increases stem from the costs of political activities by the union and the public employees are part of the unionized bargaining
Collective Bargaining Agreement
U.S.: California’s “Wage Theft Prevention Act” Imposes New Requirements and Potential Penalties On Private Employers Starting January 1, 2012
Effective January 1, 2012, private California employers of non-exempt employees not subject to certain collective bargaining agreements will face new reporting and recordkeeping requirements and penalties for violations of California’s aggressively-titled “Wage Theft Prevention Act” signed into law in October 2011. Similar to New York’s law of the same name enacted last year, the Act…
U.S. Supreme Court Holds That Union Contracts Can Require Employees To Arbitrate Discrimination Claims
The Supreme Court has ruled that employees represented by a union cannot sue for age discrimination when their union and employer have agreed that any such claims should go to arbitration rather than court. In a 5-4 split, the Court held that so long as the collective bargaining agreement (“CBA”) between an employer and a union…
U.S. Supreme Court Faces Variety of Employment Issues
The U.S. Supreme Court begins its 2008-09 term with several cases related to labor and employment, raising issues that include the protection afforded employees who participate in sexual harassment investigations, management’s right to require union employees to arbitrate discrimination claims rather than raise them in court, and whether employers calculating pension benefits must credit employees for the time they missed work for pregnancy leaves taken before pregnancy discrimination was outlawed. These cases are summarized below.
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