Documents

AC Brief (2)

Download PDF

Download

Case Attorneys

Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

View profile

Case Commentary

See all posts
Post

By Erin Wilcox

At Gerawan Farming, UFW Finally Gets the Boot

After five long years, the ballots from a 2013 election on whether to oust the United Farm Workers union (UFW) from Gerawan Farming, Inc. have finally been counted. The outcome … ›

Read more
Post

By Damien M. Schiff

California Supreme Court upholds compulsory arbitration for agriculture

The California Supreme Court upheld the constitutionality of California’s “mandatory mediation and conciliation” process for labor disputes between agricultural employers and unions.

Read more
Post

By Wen Fa

What does the Bill of Attainder Clause say about newfangled punishments?

Three years ago, California businesses faced crippling liability in the wake of court decisions interpreting the state’s minimum wage laws This year, the state legislature enacted Assembly Bill 1513, which allows businesses to avoid statutory liability if they promptly paid back wages in accordance with those decisions Yet, to secure the support of a powerful union, the legislature crafted carve-outs to prevent two businesses — Fowler Packing and Gerawan Farming — from taking advantage of this law

The carve-outs violate the Bill of Attainder Clause, which prohibits legislatures from singling out individuals for punishment Today Pacific Legal Foundation filed this friend-of-the-court brief, which asks the Ninth Circuit to restore

Read more