California Employment Law Notes

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right
Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019)
 
Former Accountant Could Proceed With Whistleblower Lawsuit
Siri v. Sutter Home Winery, Inc., 31 Cal. App. 5th 598 (2019)
 
Employer Violated FCRA With Improper Background Check Notice
Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019)
 
Fruit Growers May Have Been Joint Employers Of Thai Workers For Purposes Of Title VII
EEOC v. Global Horizons, Inc., 915 F.3d 631 (9th Cir. 2019)
 
$300 Unpaid Wage Claim Results In Additional $57,000 Award To Employee
Stratton v. Beck, 30 Cal. App. 5th 901 (2018)
 
Payroll Company Not Liable To Employee For Negligence Or Breach Of Contract
Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019)
 
PAGA Penalties Must Be Shared With All Aggrieved Employees
Moorer v. Noble L.A. Events, Inc., 2019 WL 949419 (Cal. Ct. App. 2019)
 
Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies
Jimenez-Sanchez v. Dark Horse Exp., Inc., 2019 WL 626349 (Cal. Ct. App. 2019)
 
Successive Class Action May Be Barred By Statute Of Limitations
Fierro v. Landry's Rest. Inc., 2019 WL 658710 (Cal. Ct. App. 2019)
 
Caregiver May Not Have Been Independent Contractor Under DWBR
Duffey v. Tender Heart Home Care Agency, LLC, 31 Cal. App. 5th 232 (2019)
 
On-Call Employees Who Must Call In Should Receive Reporting-Time Pay
Ward v. Tilly's, Inc., 31 Cal. App. 5th 1167 (2019)
 
Damages May Not Be Denied To Employee Based Upon His "Imprecise Testimony"
Furry v. East Bay Pub'g, LLC, 30 Cal. App. 5th 1072 (2019)

March 2019

California Employment Law Notes

Filing EEOC Charge Is Not A "Jurisdictional" Requirement To Initiating Title VII LawsuitFort Bend County v. Davis, 587 U.S. ___, 139 S. Ct. 1843 (2019)
 
Trial Court Properly Reduced $17.4 Million Jury Award By $5 MillionPearl v. City of Los Angeles, 2019 WL 2511941 (Cal. Ct. App. 2019)
 
Former Deputy DA Could Proceed With WhistleblowerAnd Disability Discrimination ClaimsRoss v. County of Riverside, 2019 WL 2537342 (Cal. Ct. App. 2019)
 
Employee Could Proceed With Malicious Prosecution Action Against Former EmployerCuevas-Martinez v. Sun Salt Sand, Inc., 35 Cal. App. 5th 1109 (2019)
 
Lawyers Who Approved Settlement As To “Form And Content” May Be BoundMonster Energy Co. v. Schechter, 2019 WL 3022773 (Cal. S. Ct. 2019)
 
Employee’s Lawyer Was Improperly Disqualified After Contacting “Me-Too” Co-Employee WitnessDoe v. Superior Court, 36 Cal. App. 4th 199 (2019)
 
Prevailing Employer May Not Recover Fees Unless Wage Claim Was Made In Bad FaithDane-Elec Corp., USA v. Bodokh, 35 Cal. App. 5th 761 (2019)
 
Nike Employees May Be Entitled To Pay Spent In Exit InspectionsRodriguez v. Nike Retail Servs., 2019 WL 2701332 (9th Cir. 2019)
 
Restaurant Is Not Required To Reimburse Employees For Slip-Resistant ShoesTownley v. BJ's Restaurants, Inc., 2019 WL 2913303 (Cal. Ct. App. 2019)
 
Federal Law Applies To Employees Working On Coastal Drilling PlatformsParker Drilling Mgmt. Servs., Ltd. v. Newton, 587 U.S. ___, 139 S. Ct. 1881 (2019)

July 2019

California Employment Law Notes

Strict Independent Contractor Test Applies Retroactively
Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019)
 
California Employee Is Compelled To Litigate His Employment Claims In Indiana
Ryze Claim Solutions LLC v. Superior Court, 2019 WL 1467947 (Cal. Ct. App. 2019)
 
Employee Could Rely Upon Former Supervisor's Statement About Existence Of Discrimination
Weil v. Citizens Telecom Servs. Co., 2019 WL 1891796 (9th Cir. 2019)
 
Former Employee's Claims Against The Salvation Army Were Properly Dismissed
Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019)
 
Employer Did Not Violate PAGA By Failing To Include "ZIP+4 Code" On Wage Statements
Savea v. YRC Inc., 2019 WL 1552686 (Cal. Ct. App. 2019)
 
IT Analyst Was Properly Denied Unemployment Benefits
Goldstein v. CUIAB, 2019 WL 1923530 (Cal. Ct. App. 2019)

May 2019

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

Sales Reps Could Proceed With Breach Of Contract And Age Discrimination Claims McCaskey v. California State Auto. Ass’n, 2010 WL 4261437 (Cal. Ct. App. 2010)
Stroke Victim Could Proceed With Disability And Age Discrimination Claims Sandell v. Taylor-Listug, Inc., 188 Cal. App. 4th 297 (2010)
Employee Could Proceed With Disability Discrimination And Harassment Claims Stiefel v. Bechtel Corp., 2010 WL 4273357 (9th Cir. 2010)
Employer Need Only Provide And Not Ensure Meal And Rest Breaks Hernandez v. Chipotle Mexican Grill, Inc., 2010 WL 4244583 (Cal. Ct. App. 2010)
Reporters Were Entitled To Judgment In Wage And Hour Class Action Wang v. Chinese Daily News, 2010 WL 3733568 (9th Cir. 2010)
Asset Purchase Did Not Create Successor Liability Under FMLA Sullivan v. Dollar Tree Stores, Inc., 2010 WL 3733576 (9th Cir. 2010)
Hotel Workers Ordinance Is Not Unconstitutional Garcia v. Four Points Sheraton LAX, 188 Cal. App. 4th 364 (2010)
New Public Disclosure Requirement Regarding Efforts To Eradicate Slavery And Human Trafficking

November 2010

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