Topic
Preemption
1,720 published works
California Employment Law Update
California Statute Barring Recipients Of State Funds From Pro Or Anti-Union Advocacy Is Unconstitutional
By Tony Oncidi
Chamber of Commerce of the U.S. v. Lockyer, 364 F.3d 1154 (9th Cir. 2004) In 2000, California enacted Assembly Bill No. 1889 (Government Code §§ 16645-16649) which, among other things,…
California Employment Law Update
Employee’s $400,000 Jury Verdict Against Urine- Testing Lab Is Upheld
By Tony Oncidi
Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129 (9th Cir. 2003) Yasuko Ishikawa, a Delta Airlines flight attendant, was terminated for failing a drug-detection urine test. Because the test had…
California Employment Law Update
Union Employees’ Wage Claims Were Not Preempted By Federal Law
By Tony Oncidi
Adams v. Pacific Bell Directory, 111 Cal. App. 4th 93 (2003) Forty-two employees of Pacific Bell Directory (all of whom were members of the International Brotherhood of Electrical Workers) filed…
California Employment Law Update
Union Employee’s Discrimination, Public Policy Claims Were Not Preempted By Federal Labor Law
By Tony Oncidi
Smith v. IBEW, Local 11, 109 Cal. App. 4th 1637 (2003) Donald Smith was terminated from his job as a union organizer for Local 11 of the International Brotherhood of Electrical…
California Employment Law Update
Audio Recording Engineer’s State Law Claims Were Preempted By Federal Labor Law
By Tony Oncidi
Levy v. Skywalker Sound, 108 Cal. App. 4th 753 (2003) Robert M. Levy worked as an audio recording engineer for Skywalker Sound in Marin County beginning in 1995. When Levy…
California Employment Law Update
Claims For Severance Benefits Were Not Preempted By ERISA
By Tony Oncidi
Winterrowd v. American General Annuity Ins. Co., 321 F.3d 933 (9th Cir. 2003) Three commissioned sales employees were laid off after their employer's parent company was acquired by American General…
California Employment Law Update
Federal Law Did Not Preempt Union Employee’s Overtime Claim
By Tony Oncidi
Gregory v. SCIE, LLC, 317 F.3d 1050 (9th Cir. 2003) Rodney Gregory, a member of Local 44 of the IATSE union, filed an action in state court alleging a violation…
California Employment Law Update
Fraud Claims Relating to Employee Stock Options Were Preempted By Federal Law
By Tony Oncidi
Falkowski v. Imation Corp., 309 F.3d 1123 (9th Cir. 2002) This class action litigation arose from a merger in which Imation Corporation, a publicly traded company, acquired Cemax-Icon, a closely…
California Employment Law Update
ERISA Preempts Certain Claims Asserted By Deceased Employee’s Estate Against Employer
By Tony Oncidi
Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002) Nga Bui brought this action on behalf of her deceased husband's estate against various parties, including his former employers, AT&T and…
California Employment Law Update
Discrimination Claims Not Preempted By Section 301 Of The LMRA
By Tony Oncidi
Humble v. Boeing Co., 305 F.3d 1004 (9th Cir. 2002) Su Humble, a union member who was employed as a fabrication bench mechanic for Boeing, suffered an on-the-job injury to…