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  • Newsletter

    California Employment Law Notes

    $2.16 Million Defamation Verdict Is Voided On Appeal
    Hearn v. Pacific Gas & Elec. Co., 108 Cal. App. 5th 301 (2025)
     
    USPS Employee’s Hostile Work Environment Claim Can Proceed
    Lui v. DeJoy, 129 F.4th 770 (9th Cir. 2025)
     
    Employer Did Not Violate FEHA By Denying Employee Disability Retirement Benefits
    Lowry v. Port San Luis Harbor Dist., 109 Cal. App. 5th 56 (2025)
     
    Employee’s Attorney And Expert Witnesses Were Properly Disqualified For Use Of Employer’s Privileged Information
    Johnson v. Department of Transp., 2025 WL 829714 (Cal. Ct. App. 2025)
     
    Sexual Harassment Lawsuit Cannot Be Compelled To Arbitration
    Casey v. Superior Court, 108 Cal. App. 5th 575 (2025)
     
    Arbitration Agreement Was Not Substantively Unconscionable
    Vo v. Technology Credit Union, 108 Cal. App. 5th 632 (2025)
     
    FAA Does Not Preempt California Anti-Arbitration Statute
    Colon-Perez v. Security Indus. Specialists, 108 Cal. App. 5th 575 (2025)
     
    District Court Improperly Remanded Action That Was Removed Under CAFA
    Perez v. Rose Hills Co., 2025 WL 811096 (9th Cir. 2025)
     
    Employees Who Recovered $140,000 Were Entitled To $200,000 In Fees/Costs
    Villalva v. Bombardier Mass Transit Corp., 108 Cal. App. 5th 211 (2025)

    March 2025

  • Newsletter

    California Employment Law Notes

    Plaintiff May Defeat Federal Question Removal With An Amendment To Complaint
    Royal Canin USA v. Wullschleger, 604 U.S. ___, 2025 WL 96212 (2025)
     
    Disability Discrimination Claims Were Properly Dismissed Though Invasion Of Privacy Claims Survive
    Wentworth v. Regents of the Univ. of Cal., 105 Cal. App. 5th 580 (2024)
     
    Lowest Standard Of Proof Applies To Employer’s Defense Against FLSA Claims
    EMD Sales, Inc. v. Carrera, 604 U.S. ___, 2025 WL 96207 (2025)
     
    Employee Is Not Entitled To New Trial After Jury Awards Her No Emotional Distress Damages
    Howell v. State Dep’t of State Hosps., 107 Cal. App. 5th 143 (2024)
     
    Employer Could Not Recover Costs Under CCP § 998 In Wage/Hour Case
    Chavez v. California Collision, LLC, 107 Cal. App. 5th 298 (2024)
     
    Surgeon’s Whistleblower Claim Was Properly Rejected
    Slone v. El Centro Reg’l Med. Ctr., 106 Cal. App. 5th 1160 (2024)
     
    Employment Claims Against Religious Institution Are Barred By The First Amendment
    Markel v. Union of Orthodox Jewish Congregations of Am., 124 F.5th 796 (9th Cir. 2024)
     
    Employee Cannot Avoid Arbitration With “Headless” PAGA Claim
    Leeper v. Shipt, Inc., 2024 WL 5251619 (Cal. Ct. App. 2024)
     
    Non-Parties To Arbitration Agreement May Compel Arbitration Based On Equitable Estoppel
    Gonzalez v. Nowhere Beverly Hills LLC, 107 Cal. App. 5th 111 (2024)
     
    Arbitration Agreement Was Unconscionable And Thus Unenforceable
    Jenkins v. Dermatology Mgmt., LLC, 107 Cal. App. 5th 633 (2024)
     
    Arbitrator’s Findings Barred SOX Claim Filed In Court
    Hansen v. Musk, 122 F.4th 1162 (9th Cir. 2024)

    January 2025

  • Newsletter

    California Employment Law Notes

    Uber Not Liable For Injuries Caused By Off-Duty Driver
    Kim v. Uber Techs., Inc., 105 Cal. App. 5th 252 (2024)
     
    Solitary Sexual Harassment Claim Shields Entire Lawsuit From Arbitration
    Liu v. Miniso Depot, Inc., 105 Cal. App. 5th 791 (2024)
     
    Employer Did Not Discriminate/Retaliate Against Disabled Employee Absent From Work For More Than Four Years
    Miller v. California Dep’t of Corr. & Rehab., 105 Cal. App. 5th 261 (2024)
     
    Flight Attendant’s Discrimination Claims Should Not Have Been Dismissed
    Wawrzenski v. United Airlines, Inc., 2024 WL 4750558 (Cal. Ct. App. 2024)
     
    Manager’s Cross Claims Against Former Assistant Were Properly Dismissed
    Osborne v. Pleasanton Auto. Co., 106 Cal. App. 5th 361 (2024)
     
    Executive Order Mandating $15 Minimum Wage For Federal Contractors Violates Federal Law
    Nebraska v. Su, 121 F.4th 1 (9th Cir. 2024)
     
    PAGA Plaintiff Lost Standing Following Adverse Arbitration Award
    Rodriguez v. Lawrence Eqpt., Inc., 2024 WL 4719479 (Cal. Ct. App. 2024)
     
    Employer’s Attempt To Disqualify Judge Was Untimely
    North Am. Title Co. v. Superior Court, 17 Cal. 5th 155 (2024)
     
    Former COO Could Proceed With False Claims Act Lawsuit
    Mooney v. Fife, 118 F.4th 1081 (9th Cir. 2024)

    November 2024

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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

  • Newsletter

    California Employment Law Notes

    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