• Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    September 2017

  • Newsletter

    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

  • Newsletter

    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

  • Newsletter

    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

  • Newsletter

    California Employment Law Notes

    Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim
    Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020)
    Laid-Off Employee Was Not Discriminated Against On The Basis Of Age
    Foroudi v. The Aerospace Corp., 57 Cal. App. 5th 992 (2020)
    Court Reverses $2.9 Million Jury Verdict For Failure To Accommodate Employee’s Disability
    Shirvanyan v. Los Angeles Community Coll. Dist., 2020 WL 7706321 (Cal. Ct. App. 2020)
    Employer Did Not Willfully Interfere With Employee’s FMLA Rights
    Olson v. United States, 980 F.3d 1334 (9th Cir. 2020)
    California Law Applies To Non-California Residents Working Off The Coast
    Gulf Offshore Logistics, LLC v. Superior Court, 58 Cal. App. 5th 264 (2020)
    Owner/Operators Are Personally Liable For $481,000 Wage/Hour Judgment
    Kao v. Joy Holiday, 58 Cal. App. 5th 199 (2020)
    CAFA-Removed Case Is Remanded Based On Insufficient Amount In Controversy
    Harris v. KM Indus., Inc., 980 F.3d 694 (9th Cir. 2020)
    PAGA Notice Was Sufficient To Support Claims
    Rojas-Cifuentes v. Superior Court, 2020 WL 7488653 (Cal. Ct. App. 2020)
    Court Properly Denied Certification Of Call Center Workers’ Class Action
    Castillo v. Bank of Am., 980 F.3d 723 (9th Cir. 2020)
    Statute Of Limitations Tolled By Related Class Actions
    Hildebrandt v. Staples the Office Superstore, LLC, 58 Cal. App. 5th 128 (2020)
    Employer’s Counsel Admitted Pro Hac Vice Should Not Also Have Represented Employee Witnesses
    Big Lots Stores, Inc. v. Superior Court, 57 Cal. App. 5th 773 (2020) 

    January 2021

  • Newsletter

    California Employment Law Notes

    Board of Directors Quota Law May Be Unconstitutional
    Meland v. Weber, 2021 WL 2521615 (9th Cir. 2021)
     
    2:1 Ratio of Punitive to Compensatory Damages Was Appropriate
    Contreras-Velazquez v. Family Health Ctrs. of San Diego, Inc., 62 Cal. App. 5th 88 (2021)
     
    High School Football Coach's Title VII Claim Was Properly Dismissed
    Kennedy v. Bremerton Sch. Dist., 991 F.3d 1004 (9th Cir. 2021)
     
    Third Party Was Not Liable For Aiding and Abetting Harassment
    Smith v. BP Lubricants USA, Inc., 64 Cal. App. 5th 138 (2021)
     
    Teacher's Discrimination Claim Should Not Have Been Dismissed
    Verceles v. Los Angeles Unified Sch. Dist., 63 Cal. App. 5th 776 (2021)
     
    Economic Damages Award Should Have Been Reduced By Post-Termination Earnings
    Martinez v. Rite Aid Corp., 63 Cal. App. 5th 958 (2021)
     
    Hotel Did Not Violate Santa Monica's Recall Ordinance
    Bruni v. The Edward Thomas Hospitality Corp., 64 Cal. App. 5th 247 (2021)
     
    Owner Was Not Personally Liable For Misclassification of Employees
    Usher v. White, 64 Cal. App. 5th 883 (2021)
     
    Ninth Circuit Overturns $100 Million Wage-Hour Judgment Entered Against Walmart
    Magadia v. Wal-Mart Assocs., Inc., 999 F.3d 668 (9th Cir. 2021)
     
    Police Sergeant Who Accessed Computer Database in Exchange for Money Did Not Violate CFAA
    Van Buren v. United States, 593 U.S. ___, 141 S. Ct. 1648 (2021)
     
    Trial Court Properly Failed to Certify Signature Gatherers' Class Action
    Wilson v. The La Jolla Group, 61 Cal. App. 5th 897 (2021)
     
    Employer's Malicious Prosecution Action Should Have Been Stricken Under Anti-SLAPP Law
    Citizens of Humanity, LLC v. Ramirez, 63 Cal. App. 5th 117 (2021)
     
    Professor Could Proceed With Equal Pay Act and Disparate Impact Title VII Claims
    Freyd v. University of Oregon, 990 F.3d 1211 (9th Cir. 2021)
     
    Whistleblower Claim Against Hospital Was Not Ripe For Resolution
    Bichai v. Dignity Health, 61 Cal. App. 5th 869 (2021)
     
    Employer Did Not Violate Law by Making Productivity Payments
    Certified Tire & Serv. Ctrs. Wage & Hour Cases, 2021 WL 2766406 (Cal. Ct. App. 2021)
     
    CELA May Discover Identity of Member(s) Who Disclosed Confidential Listserv Information
    Curtis v. Superior Court, 62 Cal. App. 5th 453 (2021)

    July 2021

  • Newsletter

    California Employment Law Notes

    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