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

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

Pay Discrimination Claim Was Subject To 180-Day Statute Of Limitations Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. ___, 127 S. Ct. 2162 (2007)
Employee Terminated For Excessive Personal Use Of Company Resources Was Not Discriminated Against Loggins v. Kaiser Permanente Int'l, 2007 WL 1395393 (Cal. Ct. App. 2007)
Employee Who Falsified Timecard Was Not Terminated Because Of His Disability King v. United Parcel Serv., 2007 WL 1493316 (Cal. Ct. App. 2007)
Employee May Have Been Victim Of "Reverse" Religious Discrimination Noyes v. Kelly Services, 2007 WL 1531824 (9th Cir. 2007)
Employee Who Provided Customer Service And Training Related To Company's Software Was Not Exempt From Overtime Eicher v. Advanced Bus. Integrators, Inc., 2007 WL 1678244 (Cal. Ct. App. 2007)
No-Hire Provision In Consulting Agreement Was Unenforceable VL Systems, Inc. v. Unisen, Inc., 2007 WL 1807001 (Cal. Ct. App. 2007)
Individuals Who Sold Business Were Properly Enjoined From Competing In Violation Of Contract Huong Que, Inc. v. Luu, 150 Cal. App. 4th 400 (2007)
Bank Could Be Liable For $4.6 Million Embezzlement By Company's CFO Zengen, Inc. v. Comerica Bank, 41 Cal. 4th 239 (2007)
Law Firm Could Be Vicariously Liable For The Actions Of A Non-Equity Partner PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, 150 Cal. App. 4th 384 (2007)
Union Employees' Wage Claims Were Not Preempted By Federal Labor Law Burnside v. Kiewit Pac. Corp., 2007 WL 1760747 (9th Cir. 2007)
Package Delivery Drivers Were Employees, Not Independent Contractors Air Couriers Int'l v. Employment Dev. Dep't, 150 Cal. App. 4th 923 (2007)
Employee Who Was Threatened And Assaulted By Co-Worker Stated Wrongful Termination Claim Franklin v. The Monadnock Co., 151 Cal. App. 4th 252 (2007)
Employer Improperly Failed To Give Employee Notice Of His Right To Take Medical Faust v. California Portland Cement Co., 150 Cal. App. 4th 864 (2007)

July 2007

California Employment Law Notes

Unionized Employees Were Required To Arbitrate Age Discrimination Claims 14 Penn Plaza LLC v. Pyett, 556 U.S. ___, 129 S. Ct. 1456 (2009)
Releases Barred Subsequent Lawsuit For Allegedly Unpaid Overtime Chindarah v. Pick Up Stix, Inc., 171 Cal. App. 4th 706 (2009) 
"Me Too" Evidence Was Admissible In Pregnancy Discrimination Lawsuit Johnson v. United Cerebral Palsy/Spastic Children's Found., 2009 WL 1154132 (Cal. Ct. App. 2009)
Plumbing Company Was Not Liable For Former Employee's Murder Of Customer Phillips v. TLC Plumbing, Inc., 172 Cal. App. 4th 1133 (2009)
Complaint Alleging Violation Of UTSA, Unfair Competition Was Not Subject To Dismissal Under Anti-SLAPP Law World Fin. Group, Inc. v. HBW Ins. & Fin. Services, Inc., 2009 WL 1019118 (Cal. Ct. App. 2009)
Former Employee Proved No Damages As A Result Of Alleged Defamation The Nethercutt Collection v. Regalia, 172 Cal. App. 4th 361 (2009)
Mandatory Tip Pool Was Legal But Shift Managers Could Not Share In Tips Grodensky v. Artichoke Joe's Casino, 171 Cal. App. 4th 1399 (2009)
Medical Service Reps May Not Have Been Subject To The Motor Carrier Exemption From Overtime Gomez v. Lincare, Inc., 2009 WL 1124268 (Cal. Ct. App. 2009)
Detention Officers' State Law Wage Claims Were Not Subject To Exclusive Federal Remedy Naranjo v. Spectrum Sec. Services, 172 Cal. App. 4th 654 (2009)
Fishing Agreement Providing Employment For Only One Trip Was Enforceable Day v. American Seafoods Co., 557 F.3d 1056 (9th Cir. 2009)
Labor Commissioner Approves Seasonal Alternative Workweek Schedule

May 2009

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

Ninth Circuit Affirms Certification Of Class In Wal-Mart Gender Discrimination Case Dukes v. Wal-Mart Stores, 2010 WL 1644259 (9th Cir. 2010) (en banc)
Company Whose General Counsel Was Responsible For $4 Million Default Judgment Was Relieved Under CCP § 473 Gutierrez v. G&M Oil Co., 2010 WL 1818904 (Cal. Ct. App. 2010)
Start-Up Company Owned Source Code That Was Developed By Employee JustMed, Inc. v. Byce, 600 F.3d 1118 (9th Cir. 2010)
Employment Screening Business Had Right To Republish Megan’s Law Information Mendoza v. ADP Screening & Selection Servs., Inc., 182 Cal. App. 4th 1644 (2010)
Flight Engineer’s Whistleblower Claim Was Not Preempted By Federal Law Ventress v. Japan Airlines, 2010 WL 1729705 (9th Cir. 2010)
Porsche Dealer May Owe “Finder’s Fee” To Salesperson Wald v. Truspeed, 2010 WL 1744893 (Cal. Ct. App. 2010)
Trial Court Properly Denied Class Certification To Restaurant Managers Arenas v. El Torito Restaurants, Inc., 183 Cal. App. 4th 723 (2010)
Police Officers Were Properly Denied Compensation For Donning And Doffing Uniforms Bamonte v. City of Mesa, 598 F.3d 1217 (9th Cir. 2010)
Ministerial Exception Barred Seminarians’ Claims For Unpaid Overtime Rosas v. The Corporation of the Catholic Archbishop of Seattle, 598 F.3d 668 (9th Cir. 2010)
Trainee/Interns Of Non-Profit Organization Are Exempt From Minimum Wage Law

May 2010

California Employment Law Notes

Employee Was Not Entitled To Punitive Damages For Labor Code Violations Brewer v. Premier Golf Properties, LP, 168 Cal. App. 4th 1243 (2008) 
Employee's Overtime Claims Were Barred By Settlement Agreement Larner v. Los Angeles Doctors Hosp. Associates, LP, 168 Cal. App. 4th 1291 (2008)
Corporate Officers Are Liable For $2.5 Million In Civil Penalties For Underground Tank Leak People v. Roscoe, 2008 WL 5378254 (Cal. Ct. App. 2008)
Court Commissioner May Proceed With Age Discrimination Claim DeJung v. Superior Court, 2008 WL 5265525 (Cal. Ct. App. 2008)
Employee May Proceed With Sexual Orientation Discrimination Claim Dominguez v. Washington Mut. Bank, 168 Cal. App. 4th 714 (2008)
Starbucks Applicants With No Prior Marijuana Convictions Could Not Pursue Lawsuit For Labor Code Violations Starbucks Corp. v. Superior Court, 168 Cal. App. 4th 1436 (2008)
Attorney And Her Clients Were Properly Sanctioned For Conduct Relating To Disclosure Of Trade Secrets Wallis v. PHL Associates, Inc., 2008 WL 4989118 (Cal. Ct. App. 2008)
Employer Was Not Entitled To Immunity Under Unclaimed Property Statute Vondjidis v. Hewlett Packard Corp., 168 Cal. App. 4th 921 (2008)
Voluntary, Written Authorization Required For Overpayment Deductions

January 2009