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

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

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

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

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

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