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

School Teacher's ADA Claim Against Catholic School Was Not Barred By "Ministerial Exception"
Biel v. St. James School, 2018 WL 6597221 (9th Cir. 2018)
 
City Attorney Should Not Have Been Disqualified From Representing City
City of San Diego v. Superior Court, 2018 WL 6629322 (Cal. Ct. App. 2018)
 
Prevailing Employer Should Not Have Been Awarded CCP § 998 Costs
Huerta v. Kava Holdings, Inc., 29 Cal. App. 5th 74 (2018)
 
Employer May Be Liable For Accident Caused By On-Call Employee
Moreno v. Visser Ranch, Inc., 2018 WL 6696021 (Cal. Ct. App. 2018)
 
Employer's Rounding Policy Complied With California Law
Donohue v. AMN Servs., LLC, 2018 WL 6445360 (Cal. Ct. App. 2018)
 
Wage Order Permitting Hospital Employees To Waive Meal Break Is Valid
Gerard v. Orange Coast Mem. Med. Ctr., 2018 WL 6442036 (Cal. S. Ct. 2018)
 
Employees Who Voluntarily Used Company Vehicle Are Not Entitled To Travel Time
Hernandez v. Pacific Bell Tel. Co., 29 Cal. App. 5th 131 (2018)
 
Employees Are Entitled To Additional Compensation For Shortened Meal Periods
Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018)
 
Property Inspectors' Putative Class Action Was Properly Denied Certification
McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018)

January 2019

California Employment Law Notes

Employee Non-Solicitation Provision Was An Unenforceable Restraint
AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018)
 
Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone
Ayon v. Esquire Deposition Solutions, LLC, 27 Cal. App. 5th 487 (2018)
 
Injured Employee May Have Been "Regarded As" Disabled Under The ADA
Nunies v. HIE Holdings, Inc., 2018 WL 5660625 (9th Cir. 2018)
 
Dean Of Theological Seminary Was A "Ministerial Employee"
Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018)
 
Employee Who Declined Settlement Offer Was Not Entitled To Recover Attorney's Fees
Martinez v. Eatlite One, Inc., 27 Cal. App. 5th 1181 (2018)
 
Employer May Not Take Tip Credit For Employees Engaged In Non-Tipped Tasks
Marsh v. J. Alexander's LLC, 905 F.3d 610 (9th Cir. 2018) (en banc)
 
California Supreme Court's Dynamex Opinion Only Applies To Independent Contractor Wage Order Claims
Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018)
 
PAGA Claims Were Barred By Statute Of Limitations
Brown v. Ralphs Grocery Co., 2018 WL 5629874 (Cal. Ct. App. 2018)
 
Employer Did Not Violate Wage/Hour Requirements By Offering Productivity Pay
Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018)

November 2018

California Employment Law Notes

September 2017

California Employment Law Notes

Criminal Conviction Of Former Employee Who Threatened Company Officials Is Upheld United States v. Sutcliffe, 2007 WL 2948662 (9th Cir. Oct. 11, 2007)
Disability Leave Policy Did Not Affect Managers’ Exemption From Overtime Sumuel v. ADVO, Inc., 155 Cal. App. 4th 1099 (2007)
Employee’s Age Discrimination Lawsuit Can Proceed Against Google Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007)
New Employer May Have Misappropriated Trade Secrets And Interfered With Prior Employer’s Business San Jose Constr., Inc. v. S.B.C.C., Inc., 2007 WL 2965616 (Cal. Ct. App. Oct. 12, 2007)
Defendant That Removes Action To Federal Court Bears Burden Of Proof Regarding Damages Guglielmino v. McKee Foods Corp., 2007 WL 2916193 (9th Cir. Oct. 9, 2007)
Trustee Of Estate Did Not Sexually Harass Widow Hughes v. Pair, 154 Cal. App. 4th 1469 (2007)
Wrongful Termination And Retaliation Claims Can Proceed Against Screen Actors Guild Metoyer v. Screen Actors Guild, 2007 WL 2781909 (9th Cir. Sept. 26, 2007)
Rejected Applicant’s ADA And Title VII Claims Were Properly Dismissed Nilsson v. City of Mesa, 2007 WL 2669788 (9th Cir. Sept. 13, 2007)
Bank VP’s Discrimination Claims Were Not Preempted By Federal Law Ramanathan v. Bank of America, 155 Cal. App. 4th 1017 (2007)
Site Of Employment For Purposes Of WARN Act Is The Actual Work Site, Not Company Headquarters Bader v. Northern Line Layers, Inc., 2007 WL 2581110 (9th Cir. Sept. 10, 2007)
NASA’s Employment Questionnaire And General Waiver For Release Of Information May Violate Privacy Rights Nelson v. NASA, 2007 WL 3025498 (9th Cir. Oct. 11, 2007)
County Was Not Liable For The Death Of Employee’s Husband (Whom She Murdered) deVillers v. County of San Diego, 2007 WL 3036789 (Cal. Ct. App. Oct. 19, 2007)

November 2007

California Employment Law Notes

City’s Search Of Text Messages Was Reasonable Despite Employee’s Expectation Of Privacy City of Ontario v. Quon, 560 U.S. ___, 2010 WL 2400087 (2010)

College Professor’s Racially Charged E-Mails Did Not Create Hostile Environment Rodriguez v. Maricopa County Cmty. Coll., 605 F.3d 703 (9th Cir. 2010)
Merchants Who Sold Employer’s Product Were Not Employers Themselves Martinez v. Combs, 49 Cal. 4th 35 (2010)
Class Action Should Have Been Certified As To Claims For Overtime, But Not Meal And Rest Periods Faulkinbury v. Boyd & Assocs., Inc., 2010 WL 2525710 (Cal. Ct. App. 2010)
Alien Employee Who Was Induced To Come To The U.S. Was Properly Awarded Unpaid Wages Singh v. Southland Stone, U.S.A., Inc., 2010 WL 2613089 (Cal. Ct. App. 2010)
Fire Dep’t Applicants’ Title VII Challenge Was Not Barred By Statute Of Limitations Lewis v. City of Chicago, 560 U.S. ___, 130 S. Ct. 2191 (2010)
Distributor May Have Violated Law By Failing To Provide Detailed Written Contract To Salesperson Baker v. American Horticulture Supply, Inc., 2010 WL 2523638 (Cal. Ct. App. 2010)
Dump Truck Owner Involved In Collision May Not Have Been A City Employee Bowman v. Wyatt, 2010 WL 2613079 (Cal. Ct. App. 2010)
Attorney-Client And Work Product Privileges Were Only Partially WaivedHernandez v. Tanninen, 604 F.3d 1095 (9th Cir. 2010)

July 2010

California Employment Law Notes

Claim For Unpaid Meal Periods Is Subject To Three-Year Statute Of Limitations Murphy v. Kenneth Cole Productions, Inc., 2007 WL 1111233 (Cal. S. Ct. 2007)
Outside Sales Managers Could Not Proceed With Class Action For Unpaid Overtime Walsh v. IKON Office Solutions, Inc., 56 Cal. Rptr. 3d 534 (Ct. App. 2007)
Sexual Harassment Claim Was Erroneously Dismissed On Summary Judgment Myers v. Trendwest Resorts, Inc., 56 Cal. Rptr. 3d 501 (Ct. App. 2007)
Fire Captain Who Lost His Leg Was Not Discriminated Against On Basis Of Disability Malais v. Los Angeles City Fire Dep't, 2007 WL 1229335 (Cal. Ct. App. 2007)
Company Could Proceed With Interference Claims Against Competitor That Hired Away Its Employees CRST Van Expedited v. Werner Enterprises, 479 F.3d 1099 (9th Cir. 2007)
$1.2 Million Verdict In Favor Of Teacher Who "Blew The Whistle" On Coach Is Reversed Carter v. Escondido Union High School, 148 Cal. App. 4th 922 (2007)
City Discriminated Against Employee Who Filed Workers' Compensation Claim Andersen v. WCAB, 2007 WL 1153010 (Cal. Ct. App. 2007)
Child Actor (But Not Child's Mother) Could Disaffirm Contract With Personal Manager Berg v. Traylor, 148 Cal. App. 4th 809 (2007)
Undocumented Workers Had Standing To Assert Violation Of Prevailing Wage Law Reyes v. Van Elk, Ltd., 148 Cal. App. 4th 604 (2007)
Terminating Sanctions Upheld Against Employee Who Failed To Respond To Discovery Requests Parker v. Wolters Kluwer U.S., Inc., 2007 WL 969436 (Cal. Ct. App. 2007)
Employee Who Received Settlement For Defamation Claims Was Liable For Back Taxes Polone v. CIR, 473 F.3d 1019 (9th Cir. 2007)

May 2007

California Employment Law Notes

Employee Who Was Interviewed During Internal Investigation Was Protected From Retaliation Crawford v. Metropolitan Gov't of Nashville & Davidson County, 555 U.S. ___, 129 S. Ct. 846 (2009)
Diabetic Employee Was Protected Under Americans With Disabilities Act Rohr v. Salt River Project Agric. Improvement & Power Dist., 2009 WL 349798 (9th Cir. 2009)
County Did Not Discriminate Against Employee With Rare Blood Disease Wilson v. County of Orange, 169 Cal. App. 4th 1185 (2009)
Patient Could Proceed With Lawsuit Against Hospital Based On Employee's Alleged Sexual Abuse C.R. v. Tenet Healthcare Corp., 169 Cal. App. 4th 1094 (2009)
Employee's Defamation Suit Was Properly Dismissed Dible v. Haight Ashbury Free Clinics, Inc., 170 Cal. App. 4th 843 (2009)
$700,000 Verdict Affirmed In Favor Of Wrongfully Terminated Therapist Boston v. Penny Lane Centers, Inc., 170 Cal. App. 4th 936 (2009)
Postal Inspectors May Be Entitled To Overtime Pay Under The Fair Labor Standards Act Nigg v. United States Postal Serv., 2009 WL 251950 (9th Cir. 2009)
Employee May Not Recover Penalties As Restitution Under Unfair Competition Law Pineda v. Bank of Am., N.A., 170 Cal. App. 4th 388 (2009)
Limousine Drivers' Class Action Should Have Been Certified Ghazaryan v. Diva Limousine, Ltd., 169 Cal. App. 4th 1524 (2009)
Messengers Were Independent Contractors And Not Employees Cristler v. Express Messenger Systems, Inc., 2009 WL 154801 (Cal. Ct. App. 2009)
Employee Was Properly Convicted Of Grand Theft People v. Tabb, 88 Cal. Rptr. 3d 789 (Cal. Ct. App. 2009)
Three Wage & Hour Questions Certified To The California Supreme Court Sullivan v. Oracle Corp., 2009 WL 367626 (9th Cir. 2009)

March 2009

California Employment Law Notes

Class Of 1.5 Million Female Wal-Mart Employees Was Improperly CertifiedWal-Mart Stores, Inc. v. Dukes, 564 U.S. ___, 2011 WL 2437013 (2011) 
Arizona Law Requiring Use Of E-Verify Is UpheldChamber of Commerce v. Whiting, 563 U.S. ___, 131 S. Ct. 1968 (2011)
U.S. Court Has Jurisdiction Over Argentinean Employees' Claims Against Mercedes-Benz ArgentinaBauman v. Daimler Chrysler Corp., 2011 WL 1879210 (9th Cir. 2011) 
Employee Was Not Sexually Harassed By His Male Supervisor, But Could Proceed With Retaliation ClaimKelley v. The Conco Cos., 196 Cal. App. 4th 191 (2011) 
ADA "Impliedly Amended" The National Bank Act's Termination-at-Pleasure ClauseQuinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) 
Auto Sales Consultants' Class Action Was Properly DismissedAreso v. CarMax, Inc., 195 Cal. App. 4th 996 (2011) 
California Overtime Rules Apply To Out-of-State Residents Who Work In The StateSullivan v. Oracle Corp., 2011 WL 2569530 (Cal. S. Ct. 2011) 
Unlicensed Junior Accountants May Be Exempt From OvertimeCampbell v. PricewaterhouseCoopers, 2011 WL 2342740 (9th Cir. 2011) 
Attorney Who "Excessively Reviewed" Privileged Documents Misappropriated By His Client Was Properly DisqualifiedClark v. Superior Court, 196 Cal. App. 4th 37 (2011) 
$22.5 Million Verdict Reversed Where Employer Admitted Its Vicarious Liability For Employee's NegligenceDiaz v. Carcamo, 2011 WL 2473597 (Cal. S. Ct. 2011) 
Manager's Defamation Action Against Striking Union Could Proceed Price v. Operating Eng’rs Local Union No. 3, 195 Cal. App. 4th 962 (2011)
Termination Of Employee On FMLA Leave Who Submitted Inadequate Medical Information Did Not Violate Federal LawLewis v. United States, 641 F.3d 1174 (9th Cir. 2011) 
False Claims Act Lawsuit Was Barred By Public Disclosure Of RecordsSchindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. ___, 131 S. Ct. 1885 (2011)

July 2011

California Employment Law Notes

Employee Who Provided False SSN and Other Information Was Barred from Suing for Disability Discrimination Salas v. Sierra Chem. Co., 198 Cal. App. 4th 29 (2011)
Employer Did Not Violate CFRA by Transferring Employee upon Her Return from 19-Week Stress Leave Rogers v. County of Los Angeles, 2011 WL 3570494 (Cal. Ct. App. 2011)
Employer's Anti-SLAPP Motion Was Properly Denied Martin v. Inland Empire Utilities Agency, 2011 WL 3621599 (Cal. Ct. App. 2011)
"Me Too" Evidence Was Relevant to and Admissible in Discrimination Lawsuit Pantoja v. Anton, 198 Cal. App. 4th 87 (2011)
Unlicensed Law Clerk Was Properly Classified as Exempt Professional Zelasko-Barrett v. Brayton-Purcell, LLP, 2011 WL 3594015 (Cal. Ct. App. 2011)
Prevailing Employer Should Have Been Permitted To Recover Its Costs from Employee Plancich v. UPS, Inc., 2011 WL 3506066 (Cal. Ct. App. 2011)
Offer of Judgment for Full Amount of Class Rep's Claim Did Not Moot Class Action Pitts v. Terrible Herbst, Inc., 2011 WL 3449473 (9th Cir. 2011)
Section 1981 Claim Is Subject to Four-Year Statute of Limitations Johnson v. Lucent Techs. Inc., 2011 WL 3332368 (9th Cir. 2011)
Injunction Upheld Prohibiting Former Employee from Competing NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011)
Employee of Independent Contractor Cannot Sue Company That Hired Contractor for Negligence SeaBright Ins. Co. v. US Airways, Inc., 2011 WL 3655109 (Cal. S. Ct. 2011)

September 2011