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Employer Liability: California

Employer Liability requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Anthony J. Oncidi and Noa Baddish, Proskauer Rose LLP

Summary

  • Although California does not have a generally applicable labor relations act, it has several statutes which regulate specific sectors of labor-management relations such as collective bargaining, voluntary mediation, secondary boycotts, and jurisdictional strikes.
  • The National Labor Relations Act (NLRA) does not preempt, or prohibit, all labor relations state court actions in California; rather, state jurisdiction is determined on a case-by-case basis. See California Labor Relations Laws.
  • Although the NLRA does not cover agricultural employees, California does grant agricultural employees the right to organize and bargain collectively under the Agricultural Labor Relations Act. See Agricultural Labor Relations Act.
  • California also recently enacted a law allowing aggrieved employees to bring civil actions to recover penalties for violations of the Labor Code when the Labor Commissioner fails to act. See Private Attorneys General Act.
  • Unlike the NLRA, California prohibits employers from using professional strikebreakers during a union strike. See Strikes/Professional Strikebreakers.