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Newsletter
Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023)
Employee Who Refused To Get Flu Vaccine Was Properly Terminated
Hodges v. Cedars-Sinai Med. Ctr., 91 Cal. App. 5th 894 (2023)
Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023)
No Implied Waiver Of Disqualification Of Judge For Bias Or Appearance Of Impartiality After One Year
North Am. Title Co. v. Superior Court, 91 Cal. App. 5th 948 (2023)
No Final Paycheck Due After End Of Temporary Assignment
Young v. RemX Specialty Staffing, 91 Cal. App. 5th 427 (2023)
Exemption of Financial Professionals From ABC Test And Retroactive Application Are Constitutional
Quinn v. LPL Fin. LLC, 91 Cal. App. 5th 370 (2023)
Distributors Not Liable For Unpaid Wages Of Agricultural Workers
Morales-Garcia v. Better Produce, Inc., 70 F.4th 532 (9th Cir. 2023)
PAGA Debt Not Dischargeable in Bankruptcy
In re Patacsil, 2023 WL 3964908 (Bankr. E.D. Cal. June 9, 2023)
Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023)
July 2023
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Newsletter
Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members
Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023)
School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing
Rossi v. Sequoia Union Elementary Sch., 2023 WL 5498732 (Cal. Ct. App. 2023)
Employer Must Prove “Substantial Increased Costs” Would Result From Religious Accommodation
Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279 (2023)
Fire Chief Was Terminated For Misconduct Not Because Of His Religion
Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023)
Court Affirms $7.1 Million Whistleblower Verdict
Zirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023)
Business Entity Agents Of Employer Share Potential FEHA Liability
Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023)
Arbitrator Correctly Enforced Release Agreement Executed By Employee
Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023)
PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)
COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld
LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)
Non-Party Plaintiffs With Overlapping PAGA Claims May Be Able To “Permissibly Intervene” In Related Actions
Accurso v. In-N-Out Burgers, 2023 WL 5543525 (Cal. Ct. App. 2023)
Disability Leave Is Not “Compensation” Under California Workers’ Compensation Law
California Dep’t of Corr. & Rehab. v. WCAB, 2023 WL 5198517 (Cal. Ct. App. 2023)
Nurse May Proceed With Class Certification On Wage Statement Claim
Woodworth v. Loma Linda Univ. Med. Ctr., 93 Cal. App. 5th 1038 (2023)
Principal Of Former Employer Liable Based On Alter Ego Theory
Hacker v. Fabe, 92 Cal. App. 5th 1267 (2023)
September 2023
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Newsletter
Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
Mattson Tech., Inc. v. Applied Materials, Inc., 2023 WL 7180167 (Cal. Ct. App. 2023)
Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
Martin v. Board of Trustees of the Cal. State Univ., 2023 WL 7537694 (Cal. Ct. App. 2023)
Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
Snoeck v. ExakTime Innovations, Inc., 2023 WL 7014096 (Cal. Ct. App. 2023)
Employees Were Properly Awarded $7.2 Million For Employer’s Breach Of Contract
Park v. NMSI, Inc., 96 Cal. App. 5th 616 (2023)
Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion
Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19
Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023)
Employee’s Meal and Rest Break PAGA Claims Survive Summary Judgment
Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023)
Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees
Doe v. Superior Court, 95 Cal. App. 5th 346 (2023)
November 2023
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Newsletter
Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023)
Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal Support Case
Brubaker v. Strum, 2023 WL 179541 (Cal. Ct. App. 2023)
Background Check Agency May Have Violated State Law By Disclosing Conviction
Kemp v. Superior Court, 86 Cal. App. 5th 981 (2022)
Former Teacher’s Defamation Suit Was Properly Dismissed Under Anti-SLAPP Statute
Bishop v. The Bishop’s School, 86 Cal. App. 5th 893 (2022)
Judgment Against Employer Was Enforceable Where Appeal Was Invalid
Patel v. Chavez, 85 Cal. App. 5th 712 (2022)
Real Estate Agents Are Independent Contractors As A Matter Of Law If Requirements Met
Whitlach v. Premier Valley, Inc., 86 Cal. App. 5th 673 (2022)
Employer Need Not Count Overtime Twice In Bonus Calculation
Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023)
Outside Salesperson Exemption Does Not Apply To Workers Whose Employer Controls Their Hours And Working Conditions
Espinoza v. Warehouse Demo Servs., Inc., 86 Cal. App. 5th 1184 (2022)
January 2023
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Newsletter
Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023)
Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
May 2023
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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
No Claim By Employee Who Was Friends With Alleged Harasser
Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023)
Pregnancy Discrimination Lawsuit Was Properly Dismissed
Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023)
Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023)
Court Compels Individual But Not Representative Claims To Arbitration
Piplack v. In-N-Out Burgers, 2023 WL 2384502 (Cal. Ct. App. 2023)
Good Faith Is Defense To Labor Code’s “Knowing And Intentional” Standard
Naranjo v. Spectrum Sec. Servs., Inc., 2023 WL 2261253 (Cal. Ct. App. 2023)
Absent Exemption, Highly Compensated Daily-Rate Workers Are Entitled To Overtime
Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. ___, 143 S. Ct. 677 (2023)
Ninth Circuit Strikes Down “Request Arbitration, Go To Jail” Law
Chamber of Commerce v. Bonta, 2023 WL 2013326 (9th Cir. 2023)
Issue Preclusion Barred PAGA Claims After Arbitration Loss
Rocha v. U-Haul Co. of Cal., 88 Cal. App. 5th 65 (2023)
No Arbitration Waiver Where Employer Answered Complaint And Engaged In Limited Discovery
Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023)
Labor Commissioner’s Deposition Subpoena Power Ends Once Wage Citation Issued
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023)
Proposition 22 Is Not Unconstitutional
Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023)
Short-Term Military Leave May Have To Be Comparable To Non-Military Leave Benefits
Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023)
Employee’s PAGA Action Was Not Limited By Sick Pay Statute
Wood v. Kaiser Found. Hosps., 88 Cal. App. 5th 742 (2023)
March 2023
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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
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