California Employment Law Notes

Employee Entitled To $17.2 Million For Wrongful Termination/Defamation
King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020)
 
“Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim
Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020)
 
Tortious Interference With At-Will Contract Requires Independently Wrongful Act
Ixchel Pharma, LLC v. Biogen, Inc., 9 Cal. 5th 1130 (2020)
 
Time Spent By Employees In Exit Searches Is Compensable
Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020)
 
Ashley Judd May Proceed With Sexual Harassment Claim Against Harvey Weinstein
Judd v. Weinstein, 967 F.3d 952 (9th Cir. 2020)
 
Court Affirms Dismissal of Medical Assistant’s Discrimination Lawsuit
Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020)
 
Later-Filed, Substantially Identical PAGA Claim Was Properly Dismissed
Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020)
 
Amount In Controversy Satisfied CAFA Minimum
Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020)
 
Trial Court Properly Denied Massage Parlor’s Request For Waiver Of Bond InWage/Hour Matter
Li v. Department of Indust. Relations, 2020 WL 4814112 (Cal. Ct. App. 2020)
 
Trial Court Properly Refused To Certify Rest Break Class Action
Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020)
 
Litigant’s Attorney Is Entitled To Fees As “Prevailing Party” In UTSA Case
Aerotek, Inc. v. The Johnson Group Staffing Co., 2020 WL 5525180 (Cal. Ct. App. 2020)
 
CUIAB Should Have Considered Additional Evidence In Support Of Unemployment Claim
Land v. CUIAB, 2020 WL 5200858 (Cal. Ct. App. 2020)

September 2020

California Employment Law Notes

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

California Employment Law Notes

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

California Employment Law Notes

September 2017

California Employment Law Notes

$200,000 Verdict Affirmed In Favor Of Disabled Albertsons EmployeeA.M. v. Albertsons, LLC, 178 Cal. App. 4th 455 (2009)
Employer's Physical Capacity Evaluation Test Was A Medical Exam Under The ADAIndergard v. Georgia-Pacific Corp., 582 F.3d 1049 (9th Cir. 2009)
Appellate Court Reverses Grant Of "Most Oppressive Summary Judgment Motion Ever"Nazir v. United Airlines, Inc., 178 Cal. App. 4th 243 (2009) 
Employee Was Not Liable For Accessing Company's ComputersLVRC Holdings LLC v. Brekka, 581 F.3d 1127 (9th Cir. 2009)
Forfeiture Provision In Incentive Compensation Plan Did Not Violate California Labor CodeSchachter v. Citigroup, Inc., 2009 WL 3522454 (Cal. S Ct. 2009) 
Female Pilot May Proceed With Sex Discrimination LawsuitNicholson v. Hyannis Air Serv., 580 F.3d 1116 (9th Cir. 2009) 
Teacher Had Standing To Sue Under Anti-Retaliation Provisions Of Federal LawBarker v. Riverside County Office of Ed., 2009 WL 3401986 (9th Cir. 2009)
Employer Did Not Violate FLSA By Changing Pay Rates For Those Working Alternative WorkweekParth v. Pomona Valley Hosp., 2009 WL 3381116 (9th Cir. 2009) 
Lawsuit To Rescind Contingency Fee Agreement Was Not Subject To Dismissal Under Anti-SLAPP LawHylton v. Frank E. Rogozienski, Inc.,177 Cal. App. 4th 1264 (2009)

November 2009

California Employment Law Notes

Unionized Employees Were Required To Arbitrate Age Discrimination Claims 14 Penn Plaza LLC v. Pyett, 556 U.S. ___, 129 S. Ct. 1456 (2009)
Releases Barred Subsequent Lawsuit For Allegedly Unpaid Overtime Chindarah v. Pick Up Stix, Inc., 171 Cal. App. 4th 706 (2009) 
"Me Too" Evidence Was Admissible In Pregnancy Discrimination Lawsuit Johnson v. United Cerebral Palsy/Spastic Children's Found., 2009 WL 1154132 (Cal. Ct. App. 2009)
Plumbing Company Was Not Liable For Former Employee's Murder Of Customer Phillips v. TLC Plumbing, Inc., 172 Cal. App. 4th 1133 (2009)
Complaint Alleging Violation Of UTSA, Unfair Competition Was Not Subject To Dismissal Under Anti-SLAPP Law World Fin. Group, Inc. v. HBW Ins. & Fin. Services, Inc., 2009 WL 1019118 (Cal. Ct. App. 2009)
Former Employee Proved No Damages As A Result Of Alleged Defamation The Nethercutt Collection v. Regalia, 172 Cal. App. 4th 361 (2009)
Mandatory Tip Pool Was Legal But Shift Managers Could Not Share In Tips Grodensky v. Artichoke Joe's Casino, 171 Cal. App. 4th 1399 (2009)
Medical Service Reps May Not Have Been Subject To The Motor Carrier Exemption From Overtime Gomez v. Lincare, Inc., 2009 WL 1124268 (Cal. Ct. App. 2009)
Detention Officers' State Law Wage Claims Were Not Subject To Exclusive Federal Remedy Naranjo v. Spectrum Sec. Services, 172 Cal. App. 4th 654 (2009)
Fishing Agreement Providing Employment For Only One Trip Was Enforceable Day v. American Seafoods Co., 557 F.3d 1056 (9th Cir. 2009)
Labor Commissioner Approves Seasonal Alternative Workweek Schedule

May 2009

California Employment Law Notes

Insurance Claims Adjusters Were Exempt From FLSA In re Farmers Ins. Exch., 466 F.3d 853 (9th Cir. 2006)
Disability Harassment Judgment Reversed, $15 Million Punitive Damages Award Reduced Roby v. McKesson HBOC, 2006 WL 3775897 (Cal. Ct. App. Dec. 26, 2006)
Court Refuses To Apply "Look-Back" Statute Of Limitations To Claim For Unpaid Vacation Church v. Jamison, 143 Cal. App. 4th 1568 (2006)
Absent Class Members Were Barred From Bringing New Action For Unpaid Overtime Alvarez v. May Dep't Stores Co., 143 Cal. App. 4th 1223 (2006)
DWP Employee's Retaliation Claim For Opposing Discrimination Should Not Have Been Dismissed Taylor v. City of Los Angeles, 144 Cal. App. 4th 1216 (2006)
UPS Violated ADA By Excluding Deaf Drivers Who Failed To Satisfy DOT Hearing Standard Bates v. United Parcel Serv., 465 F.3d 1069 (9th Cir. 2006)
Corporate Employer Was Immune From Liability For "Cyberthreats" Made By Its Employee Delfino v. Agilent Technologies, Inc., 2006 WL 3635399 (Cal. Ct. App. Dec. 14, 2006)
Claims Arising From Employer's Failure To Carry Workers' Comp Were Subject To 3-Year Statute Of Limitations Valdez v. Himmelfarb, 144 Cal. App. 4th 1261 (2006)
Attorney Entitled To Indemnity From Law Firm For Alleged Malpractice Cassady v. Morgan, Lewis & Bockius LLP, 145 Cal. App. 4th 220 (2006)
Employee's Exercise Of Stock Options Was A Taxable Event United States v. Tuff, 469 F.3d 1249 (9th Cir. 2006)
Employees' Malicious Prosecution Claims Against Employer Should Have Been Stricken Robinzine v. Vicory, 143 Cal. App. 4th 1416 (2006)

January 2007

California Employment Law Notes

City Violated Title VII By Discarding Results Of Test That Disparately Impacted Minorities Ricci v. DeStefano, 557 U.S. ___, 2009 WL 1835138 (2009)
Plaintiff Must Prove That Age Was The “But-For” Cause Of Challenged Employment Action Gross v. FBL Fin. Servs., Inc., 557 U.S. ___, 129 S. Ct. 2343 (2009)
Employer Was Entitled To Summary Judgment In Disability Discrimination Case Scotch v. Art Inst. of Cal.-Orange County, Inc., 173 Cal. App. 4th 986 (2009) 
Trustee Of Estate Did Not Sexually Harass Widow Hughes v. Pair, 2009 WL 1886877 (Cal. S. Ct. 2009) 
Court Affirms $1.1 Million Verdict In Favor Of Terminated Preschool Director Scott v. Phoenix Schools, Inc., 2009 WL 1877532 (Cal. Ct. App. 2009)
Court Overturns $86 Million Judgment Awarded In Favor Of Starbucks Baristas Chau v. Starbucks Corp., 174 Cal. App. 4th 688 (2009)
Employer Is Permitted To Deny Employees Vacation Benefits That Had Not Yet Vested Owen v. Macy’s, Inc., 2009 WL 1844338 (Cal. Ct. App. 2009)
Sales Representative Was Not Entitled To Post-Termination Commissions Nein v. HostPro, Inc., 174 Cal. App. 4th 833 (2009)
Investor Permitted To Proceed With Breach Of Fiduciary Duty Claim Against NY Life Oravecz v. New York Life Ins. Co., 95 Cal. Rptr 3d 1 (Cal. Ct. App. 2009)
Class Action Pleading Requirements Need Not Be Satisfied To Assert Private Attorneys General Act Claim Arias v. Superior Court, 2009 WL 1838973 (Cal. S. Ct. 2009)
Class Member Who Failed To Timely Submit Claim Form Could Not Recover Unpaid Wages Martorana v. Marlin & Saltzman, 2009 WL 1875681 (Cal. Ct. App. 2009)
FLSA Action Could Not Be Certified Under California Class Action Statute Haro v. City of Rosemead, 174 Cal. App. 4th 1067 (2009)
Trade Secret Action Was Prosecuted In Bad Faith, $1.6 Million In Sanctions Upheld FLIR Sys., Inc. v. Parrish, 2009 WL 1653103 (Cal. Ct. App. 2009)
Ninth Circuit Certifies Questions To California Supreme Court Regarding Pharmaceutical Sales Reps D’Este v. Bayer Corp., 565 F.3d 1119 (9th Cir. 2009)

July 2009

California Employment Law Notes

California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination CasesHarris v. Superior Court, 56 Cal. 4th 203 (2013) 
Employee Who Exhausted Four Months Of Pregnancy Leave Was Entitled To Further DisabilitySanchez v. Swissport, Inc., 2013 WL 635266 (Cal. Ct. App. 2013)
Store Manager's Disability And Harassment Claims Were Properly DismissedLawler v. Montblanc N. Am., LLC, 704 F.3d 1235 (9th Cir. 2013) 
Sexual Assault Victim's Motion To Strike Supervisor's Defamation Claim Was Properly GrantedAber v. Comstock, 212 Cal. App. 4th 931 (2013)
Employee's Wrongful Termination And Defamation Claims Were Properly DismissedMcGrory v. Applied Signal Tech., 212 Cal. App. 4th 1510 (2013) 
Employee Could Proceed With Whistleblower ClaimsMcVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013) 
Employer Was Released From Liability In Settlement Agreement Between Employee And Third PartyRodriguez v. Oto, 212 Cal. App. 4th 1020 (2013) 
Reporters' Class Action For Unpaid Overtime Should Not Have Been CertifiedWang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013) 
Card Club's Tip-Pooling Arrangement Did Not Violate The LawAvidor v. Sutter's Place, Inc., 212 Cal. App. 4th 1439 (2013)

March 2013

California Employment Law Notes

Ninth Circuit Strikes Down Employer's Class Action WaiverMorris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016)
Prompt Final Pay Provisions Of California Labor Code Apply To Retiring EmployeesMcLean v. State of Cal., 2016 WL 4395672 (Cal. S. Ct. 2016)
Race Discrimination Claim Was Not Barred By Statute Of LimitationsMitchell v. California Dep't of Public Health, 1 Cal. App. 5th 1000 (2016)
$6.3 Million Attorney's Fees Award (1/3 Of Total Recovery) Was Reasonable In Class Action SettlementLaffitte v. Robert Half Int'l Inc., 1 Cal. 5th 480 (2016)
Del Mar Fairgrounds/Horsepark Employees Are Exempt From Overtime Under The Amusement ExemptionMorales v. 22nd Dist. Agricultural Ass'n, 1 Cal. App. 5th 504 (2016)
Indian Tribe Did Not Waive Its Sovereign Immunity By Removing Lawsuit To Federal CourtBodi v. Shingle Springs Band of Miwok Indians, 2016 WL 4183518 (9th Cir. 2016)
Contractor May Be Entitled To Indemnity From Subcontractor For Injuries To Sub's EmployeesAluma Sys. Concrete Constr. of Cal. v. Nibbi Bros., Inc., 2 Cal. App. 5th 620 (2016)

September 2016