California Employment Law Notes

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019)
 
College Professor Was Retaliated Against For Complaining About Hostile Environment
Gupta v. Trustees of the Cal. State Univ., 40 Cal. App. 5th 510 (2019)
 
Discriminatory Failure-To-Hire Claim Must Be Brought Under The FEHA
Williams v. Sacramento River Cats Baseball Club, LLC, 40 Cal. App. 5th 280 (2019)
 
Employee Failed To Present Sufficient Evidence At Trial To Support Retaliation Claim
Nejadian v. County of Los Angeles, 40 Cal. App. 5th 703 (2019)
 
Employer May Have FEHA Liability If It Exercised Direction/Control Over Temp Worker
Jimenez v. U.S. Continental Mktg., Inc., 2019 WL 5257938 (Cal. Ct. App. 2019)
 
McDonald's Corp Was Not The Joint Employer Of Its Franchisees' Employees
Salazar v. McDonald's Corp., 939 F.3d 1051 (9th Cir. 2019)
 
Statute Of Limitations Runs From The Date Of Each Allegedly Discriminatory Payment
Carroll v. City & County of San Francisco, 2019 WL 5617019 (Cal. Ct. App. 2019)
 
Live-In Nanny Is Entitled To Unpaid Wages, But Less Than $403,000
Liday v. Sim, 40 Cal. App. 5th 359 (2019)
 
Expense Reimbursement Claims Are Covered By Employment Practices Insurance
Southern Cal. Pizza Co. v. Certain Underwriters at Lloyd's, London, 40 Cal. App. 5th 140 (2019)
 
Employer Must Have Written Meal Period Agreement, Which Includes A Revocation Clause
Naranjo v. Spectrum Sec. Servs., Inc., 40 Cal. App. 5th 444 (2019)
 
Employer's "Service Charge" May Be A Gratuity Owed To Employees
O'Grady v. Merchant Exchange Prods., Inc., 2019 WL 5617001 (Cal. Ct. App. 2019)
 
Determination Of Class Certification Motion Should Be Based On Dynamex's "ABC Test"
Gonzales v. San Gabriel Transit, Inc., 2019 WL 4942213 (Cal. Ct. App. 2019)

November 2019

California Employment Law Notes

California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes
OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019)
 
Some Of TV Producer's Discrimination Claims Could Be Stricken Under Anti-SLAPP Statute
Wilson v. Cable News Network, Inc., 7 Cal. 5th 871 (2019)
 
Bill Cosby May Be Liable For His Attorney's Statements About Accuser
Dickinson v. Cosby, 37 Cal. App. 5th 1138 (2019)
 
Court Reverses Two Summary Judgments Entered In Favor Of Hospital
Ortiz v. Dameron Hosp. Ass'n, 37 Cal. App. 5th 568 (2019)
 
Morbidly Obese Employee Failed To Establish Causal Relationship To His Termination
Valtierra v. Medtronic Inc., 2019 WL 3917531 (9th Cir. 2019)
 
Prevailing-Party Employer Could Not Recover Its Costs Despite Successful CCP § 998 Offer
Scott v. City of San Diego, 38 Cal. App. 5th 228 (2019)
 
Attorney For Former Employee Recovers His Fees From Employer
Mancini & Assocs. v. Schwetz, 2019 WL 4187472 (Cal. Ct. App. 2019)
 
Five Days' Notice Is Required For Workplace Restraining Order
Severson & Werson v. Sepehry-Fard, 37 Cal. App. 5th 938 (2019)
 
Property Inspectors' Class Action Was Properly Denied Certification
McCleery v. Allstate Ins. Co., 37 Cal. App. 5th 434 (2019)
 
Employee Who Was Not Paid Wages May Not Sue For Conversion
Voris v. Lampert, 2019 WL 3820000 (Cal. S. Ct. 2019)
 
Residential Care Facility Must Provide At Least 30-Minute Meal Periods To Employees
L'Chaim House, Inc. v. DLSE, 38 Cal. App. 5th 141 (2019)
 
Former Employee's Lawyer Was Improperly Disqualified From Prosecuting Action
Wu v. O'Gara Coach Co., 2019 WL 3942920 (Cal. Ct. App. 2019)
 
District Court Improperly Remanded Action Removed Under CAF
Arias v. Residence Inn by Marriott, 2019 WL 4148784 (9th Cir. 2019)

September 2019

California Employment Law Notes

Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories
Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019)
 
Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed
Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019)
 
Employer That "Mistakenly" Terminated Employee On Disability Leave May Be Liable For Discrimination
Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019)
 
Defamation and Wrongful Termination Claims Against the Los Angeles Times Were Properly Dismissed
Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019)
 
Court Properly Refused To Dissolve Injunction Involving Trade Secret Misappropriation
Global Protein Prods., Inc. v. Le, 42 Cal. App. 5th 352 (2019)
 
Trial Court Properly Denied Class Certification Of Meal/Rest Break Claims
Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019)
 
Court Affirms Jury Verdict Finding Safeway Manager Was Exempt From Overtime
Safeway Wage & Hour Cases, 2019 WL 6954322 (Cal. Ct. App. 2019)
 
Employer's Wage Statement Failed To Provide Legal Name Of Employer
Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019)
 
Ninth Circuit Affirms $54.6 Million Verdict In Favor of Wal-Mart Truckers
Ridgeway v. Walmart Inc., 2020 WL 55073 (9th Cir. 2020)

January 2020

California Employment Law Notes

September 2017

California Employment Law Notes

Employer Bears Burden Of Showing Reasonableness Of Layoff Criteria In Age Discrimination Case Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S. Ct. 2395 (2008)
Employer That Provides Unlimited Sick Leave Is Subject To Requirements Of "Kin Care" Statute McCarther v. Pacific Telesis Group, 163 Cal. App. 4th 176 (2008)
Court Affirms Judgment And Attorney's Fees Award To Employee Who Suffered Retaliation Steele v. Youthful Offender Parole Bd., 162 Cal. App. 4th 1241 (2008)
Police Officer Had Reasonable Expectation Of Privacy In Text Messages Sent And Received On Pager Quon v. Arch Wireless Operating Co., 2008 WL 2440559 (9th Cir. June 18, 2008)
Employer Properly Paid 1.5 Times Regular Rate For Overtime Worked On Holiday Advanced-Tech Sec. Services, Inc. v. Superior Court, 163 Cal. App. 4th 700 (2008)
Employer Could Recover Training Costs From Employee But Could Not Withhold Same From Final Check City of Oakland v. Hassey, 2008 WL 2428205 (Cal. Ct. App. June 17, 2008)
Trial Court Properly Granted Motion To Strike Class Allegations In Misclassification Case In re BCBG Overtime Cases, 163 Cal. App. 4th 1293 (2008)
Employee Who Reported Disability During Investigation Into His Alleged Wrongdoing Was Not Discriminated Against Arteaga v. Brink's, Inc., 163 Cal. App. 4th 327 (2008)
Employer Breached Contract By Quickly Terminating Employees With "No Match" Letters From Social Security Aramark Facility Services v. SEIU, 2008 WL 2405677 (9th Cir. June 16, 2008)
Injuries Sustained By Professional Stuntman Were Covered By Workers' Compensation Caso v. Nimrod Productions, Inc.,163 Cal App. 4th 881 (2008)
Employer Waived Insurance Coverage By Failing To Timely Notify Carrier Of Claim Westrec Marina Mgmt., Inc. v. Arrowood Indemn. Co., 163 Cal. App. 4th 1387 (2008)
Statute Of Limitations For Trade Secrets Claim Dates From Time Of Owner's Knowledge CypressSemiconductor Corp. v. Superior Court, 163 Cal. App. 4th 575 (2008)
California Law Limiting Use Of State Funds To Deter Union Organizing Is Unconstitutional Chamber of Commerce v. Brown, 554 U.S. ___, 128 S. Ct. 2408 (2008)

July 2008

California Employment Law Notes

May 2008

California Employment Law Notes

Sexual Harassment And Retaliation Claims Were Properly Dismissed On Summary JudgmentHaberman v. Cengage Learning, Inc., 2009 WL 4693065 (Cal. Ct. App. 2009)
Supreme Court Approves $3.8 Million Judgment In Favor Of Terminated Disabled EmployeeRoby v. McKesson Corp., 47 Cal. 4th 686 (2009)
Neither Damages Nor Jury Trial Was Available In ADA Retaliation CaseAlvarado v. Cajun Operating Co., 2009 WL 4724267 (9th Cir. 2009)
Retail Managers’ Class Action Was Properly DecertifiedKeller v. Tuesday Morning, Inc., 179 Cal. App. 4th 1389 (2009)
Employees May Agree To Two On-Duty Meal PeriodsMcFarland v. Guardsmark, LLC, 538 F. Supp. 2d 1209 (N.D. Cal. 2008), aff’d, 2009 WL 4643227 (9th Cir. 2009)
Class Members Who Did Not Receive Notification Of Settlement Were Not Included ThereinBates v. Rubio’s Restaurants, Inc., 179 Cal. App. 4th 1125 (2009)
Deceased Husband’s Employer Did Not Owe Duty Of Care To Wife Who May Have Been Exposed To ChemicalsOddone v. Superior Court, 179 Cal. App. 4th 813 (2009)
Some Claims Against Former Employee Were Barred By Compulsory Cross-Complaint StatuteAlign Tech., Inc. v. Tran, 179 Cal. App. 4th 949 (2009)
Employer Should Not Have Been Compelled To Disclose Portions Of Attorney Opinion LetterCostco Wholesale Corp. v. Superior Court, 47 Cal. 4th 725 (2009)
Employee Failed To Show Retaliation For Filing A Workers’ Compensation ClaimGelson’s Markets, Inc. v. WCAB, 179 Cal. App. 4th 201 (2009)
Employee With Mistaken But Good Faith Belief He Was Owed Overtime May Have Been Wrongfully TerminatedBarbosa v. IMPCO Techs., Inc., 179 Cal. App. 4th 1116 (2009)
Non-Compete/Non-Solicitation Agreement Was Void As A Matter Of LawDowell v. Biosense Webster, Inc., 179 Cal. App. 4th 564 (2009)
Employer May Make Deductions From Exempt Employees’ Leave Balances For Partial-Day Absences

January 2010

California Employment Law Notes

$1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012)
$114,000 Pregnancy Discrimination Award Is Reversed Based On Erroneous Jury Instructions Veronese v. Lucasfilm Ltd., 2012 WL XXXX (Cal. Ct. App. 2012)
Wrongful Termination Claim Was Properly Dismissed Based Upon Employee's Ineligibility For Family Leave Olofsson v. Mission Linen Supply, 2012 WL 6200336 (Cal. Ct. App. 2012)
Police Officer Who Had Heart Attack Could Not Perform Essential Functions Of Administrative Job Lui v. City and County of San Francisco, 211 Cal. App. 4th 962 (2012)
$125,000 Verdict And $550,000 Fee Award Affirmed For Negligent Supervision And Violation Of Civil Code § 51.7 (Freedom From Violence) Ventura v. ABM Indus., Inc., 2012 WL 6636255 (Cal. Ct. App. 2012)
Certification Was Properly Denied In Class Action Seeking Reimbursement From Employer Morgan v. Wet Seal, Inc., 210 Cal. App. 4th 1341 (2012)
Trial Court Erred In Failing To Certify Class Action For Unpaid Overtime And Meal-And-Rest Breaks Bradley v. Networkers Int'l, LLC, 2012 WL 6182473 (Cal. Ct. App. 2012)

January 2013

California Employment Law Notes

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)
$238,000 Wrongful Termination Verdict Is Reversed In Light Of Improper Jury Instructions Mendoza v. Western Med. Ctr. Santa Ana, 222 Cal. App. 4th 1334 (2014)
$100,000 Attorney’s Fees Award Was Properly Granted Against Employee Robert v. Stanford Univ., 2014 WL 739112 (Cal. Ct. App. 2014)
State Overtime Law Does Not Apply To Employees Covered By Collective Bargaining Agreement Vranish v. Exxon Mobil Corp., 223 Cal. App. 4th 103 (2014)
Employer Proved Conversion By Employee’s Misuse Of Its Credit Card Welco Elec., Inc. v. Mora, 223 Cal. App. 4th 202 (2014)
Federal Court In California Has No Jurisdiction Over Foreign Employees’ Claims Daimler AG v. Bauman, 571 U.S. ___, 134 S. Ct. 746 (2014)
Former Employee Could Proceed With Age Discrimination Lawsuit Cheal v. El Camino Hosp., 223 Cal. App. 4th 736 (2014)
Staffing Company Is Not Liable For Employee’s Poisoning Of Coworker Montague v. AMN Healthcare, Inc., 2014 WL 659690 (Cal. Ct. App. 2014)
Terminated Physician Need Not Succeed In Mandamus Action Before Proceeding With Civil Suit Fahlen v. Sutter Central Valley Hosps., 2014 WL 655995 (Cal. S. Ct. 2014)
United Airlines’ Sick Leave Plan Is Not Exempt From Kin Care Law Airline Pilots Ass’n Int’l v. United Airlines, Inc., 223 Cal. App. 4th 706 (2014)
Continuous Videotaping Of Truck Drivers Does Not Violate Labor Code § 1051 Opinion of Cal. Atty. Gen. Kamala D. Harris, No. 12-1101 (Feb. 13, 2014)
Contractor’s Employees’ Wage And Hour Claims Against Airlines Were Properly Dismissed Hawkins v. TACA Int’l Airlines, S.A., 223 Cal. App. 4th 466 (2014)
Employee Who Expressly Declined To Take FMLA Leave Was Properly Denied Relief Under The Statute Escriba v. Foster Poultry Farms, Inc., 2014 WL 715547 (9th Cir. 2014)
Overtime Class Action Was Properly Removed To Federal Court Under CAFA Rea v. Michaels Stores, Inc., 2014 WL 607322 (9th Cir. 2014)

March 2014

California Employment Law Notes

Employer May Be Liable For Death Resulting From Drunk Employee's Automobile Accident Purton v. Marriott Int'l, Inc., 218 Cal. App. 4th 499 (2013)
Prevailing Employer Entitled To Recover Its Costs In Discrimination Case Williams v. Chino Valley Indep. Fire Dist., 218 Cal. App. 4th 73 (2013)
Discrimination Claims Were Barred By Statute Of Limitations Acuna v. San Diego Gas & Elec. Co., 217 Cal. App. 4th 1402 (2013)
District Manager Was Properly Classified As Independent Contractor Beaumont-Jacques v. Farmers Group, Inc., 217 Cal. App. 4th 1138 (2013)
Whistleblower Employee Must Exhaust Administrative Remedies Before Suing For Retaliatory Discharge MacDonald v. State of Cal., 2013 WL 4522792 (Cal. Ct. App. 2013)
Bankrupt Employee Was Not Estopped From Prosecuting Undisclosed Discrimination Action Quin v. County of Kauai Dep't. of Transp., 2013 WL 3814916 (9th Cir. 2013)
PAGA Claims Cannot Be Aggregated To Satisfy Jurisdictional Minimum Required For Removal Urbino v. Orkin Servs. of Cal., Inc., 2013 WL 4055615 (9th Cir. 2013)
Judgment In Favor Of Commissioned Sales Representative Is Upheld Reilly v. Inquest Tech., Inc., 218 Cal. App. 4th 536 (2013)
Wage Claims Were Not Barred By Statute Of Limitations Bain v. Tax Reducers, Inc., 2013 WL 4542681 (Cal. Ct. App. 2013)

September 2013