Labor Beat Alerts

California Supreme Court Reiterates Deference Due to PERB Decisions in Labor Matters and Rejects Ruse By Former Mayor to Evade Meet-and-Confer Responsibilities Today, in Boling v. PERB the California Supreme Court issued a unanimous decision favoring the challenge by public employee unions to a 2012 pension measure in San Diego. The basic facts are that … continue reading

Today, in its decision in Troester v. Starbucks, the California Supreme Court gave another big win to employees. It reaffirmed that California law is significantly more protective of employees than federal law. The Court held that – contrary to federal law, which makes allowance for de minimis exceptions to its wage and hour laws – … continue reading

This morning the U.S. Supreme Court released its long-awaited decision in Janus v. AFSCME, in which the conservative majority found “fair share fees” unconstitutional. This decision will require action by many of our clients, and will impact all who care about the labor movement. The decision overruled a 41-year old precedent (Abood v. Detroit Board … continue reading

On May 29, 2018, the U.S. Supreme Court handed down a decision limiting police searches of residential driveways. We believe that this could significantly affect police officers’ ability to patrol neighborhoods and investigate crimes related to vehicles. (See May 29, 2018 article in The New York Times.) — Past Supreme Court decisions interpreting the Fourth … continue reading

Yesterday, Messing Adam & Jasmine LLP filed a Consolidated Answer to Amici Curiae in what will be among the last written submissions in CAL FIRE Local 2881 v. CalPERS et al. currently before the California Supreme Court. The State has also filed an Answer, which will be available on our website as soon as we … continue reading

Today the United States Supreme Court held oral argument in Janus v. American Federation of State, Municipal, and County Employees, a case challenging the constitutionality of “fair share fees” in public unions and in which we filed an amicus brief on behalf of PORAC and fourteen other public safety unions earlier this year. Justice Gorsuch … continue reading

Monday, on behalf of CAL FIRE Local 2881, Messing Adam & Jasmine LLP filed the Reply Brief on the Merits in the California Supreme Court case CAL FIRE Local 2881 v. CalPERS. As many of our clients know, this is a case on review before the California Supreme Court challenging the state’s decision to violate … continue reading

On Friday, January 19, 2018, Messing Adam & Jasmine LLP, working with the Stanford Law School Supreme Court Litigation Clinic, filed a Brief for Amici Curiae Fifteen Unions and Umbrella Organizations That Provide Services to Affiliated Unions and Associations Representing Nearly Half a Million Public Safety Employees in Support of Respondents. As our public safety … continue reading

This Monday, January 8, 2018, the California First District Court of Appeal issued an important decision in Alameda County Deputy Sheriffs’ Association v. Alameda County Employees’ Retirement Association (“ACDSA”). The decision is largely a win for the public employees and a reaffirmation of most of the key principles of the vested rights doctrine that protects … continue reading

Back in July, we told you about the controversial ruling in Ass’n for Los Angeles Deputy Sheriffs v. Superior Court of County of Los Angeles (Los Angeles County Sheriff’s Department). See 13 JUL, 2017 post. Unsurprisingly, the Supreme Court granted the Sheriff’s Department’s petition for review. The extent of the court of appeal ruling surprised … continue reading