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

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

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

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

California Employment Law Notes

September 2017

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

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

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

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

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