Vol. 7, Issue 21

Find Solutions & Strategies May 23, 2016

Do Collective Bargaining Agreements Preempt Labor Code Section 132a?

In This Issue

* LABOR CODE 132a

* JURISDICTION

* WCAB JOB OPENING

* NEWS: State Bar Announces Awards

* eNEWSLETTER ARCHIVES

A Note From the Editor

do collective bargaining agreements preempt labor code section 132a?

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a

By Brad Wixen, Esq.

In the case of Salazar v. Leprino Foods, 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after trial to have wrongfully discriminated against an applicant who had filed a workers' compensation claim alleging violation of Labor Code Section 132a. Based thereon, the applicant was ordered reinstated, given an increase in compensation in the amount of $10,000, and provided increased pension amounts owed as a result of the reinstatement. The problem was the issue of reinstating the applicant's pension amounts. The defendants contended that the court had no authority to order the Western Conference of Teamsters Pension Plan (WCTPP) to issue...read more.

california compensation cases

WCAB Lacked Jurisdiction for Out of State Injury When Contract of Hire Occurred in Georgia: Cal. Comp. Cases May Advanced Postings (5/18/2016). Lexis.com and Lexis Advance online subscribers can read it here.

wcab job opening

The Workers' Compensation Appeals Board, Office of the Commissioners, seeks candidates to fill a full-time staff attorney position.

INDUSTRIAL RELATIONS COUNSEL III (SPECIALIST)

$8,032.00 - $10,305.00 salary plus benefits...read more.

california news headlines

EEOC Issues Final Rules on Employer Wellness Programs.

CA: Frederick Dietrich Honored With Lifetime Achievement Award.

CA: Michael Gerson Honored With Lifetime Achievement Award.

CA: Joseph V. Capurro Honored With Applicants' Attorney Award.

CA: Mark Cartier Honored With Defense Attorney Award.

CA: Hon. Paige S. Levy Honored With Judge of the Year Award.

CA: Randy H. Pollak Honored With Young Attorney Award.

CA: Sup. Ct. Grants Extension for Opening Brief in King v. CompPartners.

CA: WCRI Study Examines Impact of Reforms to Calif. Workers' Comp System.

eNewsletter archives

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

May 16, 2016: Compromise and Release and Hidden Glitches of Paragraph 3.
May 9, 2016: Labor Code Section 4662 and Vocational Experts.
May 2, 2016: Does Violation of the QME Regulations Make a Report Inadmissible?
April 25, 2016: IMR Reviewer's Conclusion Contradicted by Own Summary of Case.
April 18, 2016: More UR Timeliness Nuances Decided by WCAB Panel.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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