Labor and Employment
- Tulare County Superior Court Holds that Compulsory Binding Interest Arbitration is UnconstitutionalOctober 3, 2006
Superior Court Judge Melinda Reed Refuses to Order the County to Arbitration to Resolve a Bargaining Impasse between the County and its Deputy Sheriffs Association.
In a case argued on Monday, October 2, 2006, the Tulare County Superior Court struck down SB 402 / 440 as unconstitutional, handing the County a complete trial court victory. Meyers Nave served as associate counsel on behalf ... read more
- Court Holds There Was No Duty to Meet and Confer Regarding City’s Anti-Racial Profiling Program Affecting Police OfficersSeptember 1, 2006California Supreme Court Decision in Claremont Police Officers Association v. City of Claremont (06 C.D.O.S. 7440, Slip op. Aug. 15, 2006). Earlier this week, the California Supreme Court filed its decision in the Claremont case, a case in which Meyers Nave filed an amicus curiae brief on behalf of the League of California Cities. The case concerned the scope of an agency's ... read more
- Supreme Court Confirms Doctrine of At-Will EmploymentAugust 23, 2006
The California Supreme Court has been faced with numerous controversies regarding the nature of relationships between employers and their current or former employees. As early as 1889, the Supreme Court was presented with a question regarding the meaning of an employment relationship that was defined by an employer and employee as being "permanent." Lord v. Goldberg, 81 Cal. 596 ... read more
- U.S. Supreme Court Holds Retaliation Claim Can be Supported by Any Action that Would Dissuade a Reasonable Employee from Filing a Discrimination ComplaintJune 27, 2006Burlington Northern Santa Fe Railway v. White (June 22, 2006). This case provides insight into the types of "actions" which support a retaliation claim under Title VII of the Federal Civil Rights Act.
Sheila White ("White") was the only woman working at the Maintenance of Way Yard in Tennessee for the Burlington Northern & Santa Fe Railway Company ("Burlington"). ... read more
- Court of Appeal Holds that Subdivision Map Act Limits Time that Vesting Tentative Maps Can Be Extended Due to Development Moratoria, and that Filing of an Admittedly Nonconforming Phased Final Map Does Not Extend the Life of the Tentative MapSeptember 1, 2006In Ailanto Properties, Inc. v. City of Half Moon Bay, the First Appellate District clarified two issues of longstanding ambiguity under the Subdivision Map Act, Government Code section 66410 et seq.
First, the Court addressed the issue of the amount of time that the life of a vesting tentative map may be extended due to development moratoria. Government Code section 66452.6(b)(1) ... read more
- U.S. Supreme Court Muddies Waters on Wetland Jurisdiction StandardsJune 23, 2006
In Rapanos v. United States, and its companion case, Carabell v. United States Army Corps of Engineers, consolidated at 547 U.S. (2006), the Supreme Court once again examined the reach of the Army Corps of Engineer's jurisdiction under the Clean Water Act to regulate "waters of the United States."
At issue was the Army Corps' interpretation of waters of the ... read more
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