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Newsletter
Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant
Musgrove v. Silver, 82 Cal. App. 5th 694 (2022)
Employer May Not Inquire Into Former Employee’s Immigration Status
Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022)
Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case
Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022)
Workplace Violence Restraining Order Reversed Absent Credible Threat Of Violence
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022)
AutoZone May Not Have “Provided” Suitable Seating To Employees
Meda v. AutoZone, Inc., 81 Cal. App. 5th 366 (2022)
FEHA Employee Who Was Working Remotely May Sue In County Where She Lived
Malloy v. Superior Court, 2022 WL 4298371 (Cal. Ct. App. 2022)
Employee Who Left Work To Care For Ill Relative Did Not Quit Her Employment And Was Eligible For Unemployment Benefits
Johar v. CUIAB, 2022 WL 4139848 (Cal. Ct. App. 2022)
October 2022
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Newsletter
Manicurist Can Proceed With Hostile Work Environment Claim
Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021)
“Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute
Woods v. American Film Institute, 2021 WL 5978072 (Cal. Ct. App. 2021)
Nurse’s Discrimination Claims Against Hospital Were Properly Dismissed
Wilkin v. Community Hosp. of the Monterey Peninsula, 71 Cal. App. 5th 806 (2021)
Security Officer Can Proceed With Disability Discrimination And Wrongful Termination Claims, But Not Retaliation Claim
Zamora v. Security Indus. Specialists, Inc., 71 Cal. App. 5th 1 (2021)
Employer Prevails On Breach Of Nondisclosure Agreement Claim Against Former Employee
Elation Sys., Inc. v. Fenn Bridge LLC, 71 Cal. App. 5th 958 (2021)
Trial Court Failed To Properly Assess Fairness Of PAGA Settlement
Moniz v. Adecco USA, Inc., 72 Cal. App. 5th 56 (2021)
Flight Attendants Are Entitled To Labor Code Compliant Wage Statements
Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021)
January 2022
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Newsletter
Former UCLA Physician Can Proceed With Whistleblower Claims
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022)
Former Employee Adequately Alleged Disability Under The ADA
Shields v. Credit One Bank, N.A., 2022 WL 1436839 (9th Cir. 2022)
California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete
LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022)
School District Is Not Liable For Teacher’s Sexual Relationship With Student
Doe v. Anderson Union High School Dist., 2022 WL 1404140 (Cal. Ct. App. 2022)
Employer May Have Violated Federal Law On Forced Labor By Abusing Visa Program
Martinez-Rodriguez v. Giles, 2022 WL 1132809 (9th Cir. 2022)
Trial Court Should Not Have Dismissed PAGA Claims On Unmanageability Grounds
Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022)
Court Improperly Remanded Action To State Court Based On Amount In Controversy Under CAFA
Jauregui v. Roadrunner Transp. Servs., Inc., 28 F.4th 989 (9th Cir. 2022)
Workers Do Not Need To Establish They Were Hired Before ABC Test Can Be Applied
Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022)
May 2022
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Newsletter
Ninth Circuit Rejects "Paramour Preference" Liability Arising From Supervisor's Affair With Another Employee
Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021)
$3.5 Million Emotional Distress Award Was "Shockingly Disproportionate" To Evidence Of Harm
Briley v. City of W. Covina, 66 Cal. App. 5th 119 (2021)
Employee Nonsolicitation Clause Does Not Violate Antitrust Law And Is "Pro-Competitive"
Aya Healthcare Servs. v. AMN Healthcare, Inc., 2021 WL 3671384 (9th Cir. 2021)
Employer Must Prove Employee Knew Or Should Have Known Of Discriminatory Failure To Hire For Statute Of Limitations Bar To Apply
Pollock v. Tri-Modal Distrib. Servs., Inc., 11 Cal. 5th 918 (2021)
Retired Judges May Proceed With Age Discrimination Lawsuit
Mahler v. Judicial Council of Cal., 67 Cal. App. 5th 82 (2021)
Dutch Executive "Publicly Presented" Himself As An Executive Of California Company
Swenberg v. Dmarcian, Inc., 2021 WL 3856599 (Cal. Ct. App. 2021)
Hirer Of Independent Contractor Is Not Liable For Injuries To Workers
Gonzalez v. Mathis, 2021 WL 3671594 (Cal. S. Ct. 2021)
Meal/Rest Break Premiums Must Include All Forms of Remuneration
Ferra v. Loews Hollywood Hotel, LLC, 11 Cal. 5th 848 (2021)
Family Member In-Home Supportive Services Worker Is Ineligible For Unemployment Benefits
Skidgel v. CUIAB, 2021 WL 3671434 (Cal. S. Ct. 2021)
Employee Who Signed Promissory Note To Pay For Losses May Proceed With Class Action Lawsuit
Gallano v. Burlington Coat Factory of Cal., LLC, 2021 WL 3616152 (Cal. Ct. App. 2021)
PAGA Plaintiff's Expert Statistician Should Have Been Permitted To Testify
Zuniga v. Alexandria Care Ctr., LLC, 2021 WL 3560665 (Cal. Ct. App. 2021)
Section 998 Settlement Offer Violated Labor Code
Wasito v. Kazali, 2021 WL 3878379 (Cal. Ct. App. 2021)
Farm Labor Employers Did Not Fail To Pay Minimum Wage To Discharged Employees
Jaime Zepeda Labor Contracting, Inc. v. Department of Indus. Relations, 2021 WL 3560937 (Cal. Ct. App. 2021)
September 2021
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Newsletter
Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims
Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021)
LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System
Brown v. Los Angeles Unified School Dist., 2021 WL 631030 (Cal. Ct. App. 2021)
Supreme Court Invalidates Rounding Time Punches For Meal Periods
Donohue v. AMN Servs., LLC, 2021 WL 728871 (Cal. S. Ct. 2021)
Ninth Circuit Clarifies FMLA Leave For Rotational Employees
Scalia v. State of Alaska, 985 F.3d 742 (9th Cir. 2021)
Ninth Circuit Applies Dynamex Retroactively And Offers “Guidance”
Vazquez v. Jan-Pro Franchising Int’l, Inc., 986 F.3d 1106 (9th Cir 2021)
California Law Applies To Flight Attendants’ Wage/Hour Class Action
Bernstein v. Virgin Am., Inc., 2021 WL 686281 (9th Cir. 2021)
PAGA Claim Venue Is ProperAnywhere Employer Committed Violations
Crestwood Behavioral Health, Inc. v. Superior Court, 2021 WL 613700 (Cal. Ct. App. 2021)
Per Diem Benefits Should Have Been Included As Compensation In Calculating Overtime Rate
Clarke v. AMN Servs., LLC, 987 F.3d 848 (9th Cir. 2021)
March 2021
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Newsletter
Ninth Circuit Resurrects California's Anti-Arbitration Statute
Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021)
In-House Counsel's Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute
Missakian v. Amusement Indus., Inc., 69 Cal. App. 5th 630 (2021)
Employee Can Proceed With Age Discrimination Lawsuit Against LMU
Jorgensen v. Loyola Marymount Univ., 68 Cal. App. 5th 882 (2021)
Order Denying Attorney's Fees Under UTSA Is Not Separately Appealable
Dr. V. Prods., Inc. v. Rey, 68 Cal. App. 5th 793 (2021)
Company That Retained Independent Contractor Is Not Liable For Injury To Contractor’s Employee
Sandoval v. Qualcomm Inc., 12 Cal. 5th 256 (2021)
Newspaper Delivery Carriers May Be Employees Under Borello Independent Contractor Test
Becerra v. The McClatchy Co., 2021 WL 4472625 (Cal. Ct. App. 2021)
Class Action/PAGA Release Was Overly Broad, But Not Collusive
Amaro v. Anaheim Arena Mgmt., LLC, 69 Cal. App. 5th 521 (2021)
Court Has Power To Strike PAGA Claims That Will Be Unmanageable At Trial
Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021)
Secretary Of Labor Could Be Compelled To Disclose Identities Of Informants
In re Walsh, 2021 WL 4852133 (9th Cir. 2021)
Gas Station Manager Was An Employee Of Shell Oil
Medina v. Equilon Enter., LLC, 68 Cal. App. 5th 868 (2021)
Employer That Claimed Employment Records Were Stolen Cannot Challenge Calculation Of Lost Wages
Morales v. Factor Surfaces LLC, 2021 WL 4818687 (Cal. Ct. App. 2021)
November 2021
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Newsletter
Summary Judgment Was Properly Granted To Employer In Whistleblower Case
Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)
Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing
Johnson v. WinCo Foods, LLC, 2022 WL 2112792 (9th Cir. 2022)
Employer May Have Willfully Violated FCRA By Not Providing Employees Proper Background Check Notice
Hebert v. Barnes & Noble, Inc., 78 Cal. App. 5th 791 (2022)
Foreign Companies That Allegedly Trafficked Cambodians Did Not Have Sufficient Contacts With US
Ratha v. Phatthana Seafood Co., 35 F.4th 1159 (9th Cir. 2022)
Extended Statute Of Limitations Does Not Apply To Employer Of Felon
Cardenas v. Horizon Senior Living, Inc., 78 Cal. App. 5th 1065 (2022)
After Nine Years Of Service In The Air Force Employee Is Entitled To Promotion He Might Have Received With His Employer
Belaustegui v. International Longshore & Warehouse Union, 2022 WL 2036385 (9th Cir. 2022)
Meal/Rest Break Premium Pay Is A “Wage” For Purposes Of Wage Statements And Timely Pay Requirements
Naranjo v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93 (2022)
July 2022
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Newsletter
Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”
Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020)
Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple
Hooked Media Group, Inc. v. Apple Inc., 55 Cal. App. 5th 323 (2020)
Employer Gets No Relief From $1.6 Million Default Judgment
Kramer v. Traditional Escrow, Inc., 56 Cal. App. 5th 13 (2020)
Google Employees’ PAGA Claims Are Not Preempted By The NLRA
Doe v. Google, Inc., 54 Cal. App. 5th 948 (2020)
Non-California Forum Selection Clause Is Barred By Labor Code Section 925
Midwest Motor Supply Co. v. Superior Court, 2020 WL 6305492 (Cal. Ct. App. 2020)
Ninth Circuit Upholds FINRA Class Action Waiver Provision
Laver v. Credit Suisse Secs. (USA), LLC, 976 F.3d 841 (9th Cir. 2020)
Employees Compensated Solely By Commission Are Not Paid A “Salary” And Are Non-Exempt
Semprini v. Wedbush Secs., Inc., 2020 WL 6557549 (Cal. Ct. App. 2020)
November 2020
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Newsletter
California Relaxes Standard For Proving Whistleblower Claims
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022)
At-Will Employee Can Proceed With Labor Code § 970 Claim
White v. Smule, Inc., 2022 WL 503811 (Cal. Ct. App. 2022)
Doctor Proved Age/Race/Gender Discrimination
Department of Corr. & Rehab. v. State Pers. Bd., 2022 WL 354657 (Cal. Ct. App. 2022)
Former Owner Of Company Is Enjoined From Soliciting Customers
Blue Mountain Enterprises, LLC v. Owen, 74 Cal. App. 5th 537 (2022)
OSHA’s COVID-19 Vaccine Mandate Exceeded Its Statutory Authority
National Fed’n of Indep. Bus. v. OSHA, 595 U.S. ___, 142 S. Ct. 661 (2022)
Employer Not Required To Provide Workplace Seating To Grocery Cashiers
La Face v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. 2022)
Heightened Standard Of Fairness Required For Approval Of Class Action Settlement
Peck v. Swift Transp. Co. of Ariz., 2022 WL 414692 (9th Cir. 2022)
Court Properly Denied Class Certification For Wage Hour Claims Involving Rounding
Cirrincione v. American Scissor Lift, Inc., 73 Cal. App. 5th 619 (2022)n
March 2022
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Newsletter
Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII
Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020)
Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down
IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020)
Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements
Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020)
IATSE Signatory Was Employer Responsible For Payment Of Unpaid Wages
Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020)
Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination
Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020)
Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case
David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020)
Class Action Was Improperly Removed To Federal Court Under CAFA
Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020)
Non-Severability Clause In Arbitration Agreement Invalidated Entire Agreement
Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020)
Service Technicians May Be Entitled To Compensation For Travel Time
Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020)
Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case
Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020)
Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee
Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020)
Class Action Claims Were Moot After Class Representative Settled His Individual Claims
Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020)
July 2020