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

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

Employee Who Suffered From "Altered Mental State" Need Not Be Allowed To Rescind Her Resignation Featherstone v. Southern Cal. Permanente Med. Grp., 2017 WL 1399709 (Cal. Ct. App. 2017)
Garbage Truck Employee Who Failed To Provide Proof Of Right To Work Could Proceed With Age Discrimination Claim Santillan v. USA Waste of Cal., 853 F.3d 1035 (9th Cir. 2017)
Trial Court's Decision Quashing EEOC Subpoena Should Not Be Reversed Absent Abuse Of Discretion McLane Co. v. EEOC, 581 U.S. ___, 137 S. Ct. 1159 (2017)
Anti-Retaliation Provisions of Sarbanes-Oxley Act Apply Even If No Disclosure To SEC Somers v. Digital Realty Trust, Inc., 850 F.3d 1045 (9th Cir. 2017)
Employer That Paid Females Less Than Males Based On Prior Salaries May Avoid Liability Under Equal Pay Act Rizo v. Yovino, 2017 WL 1505068 (9th Cir. 2017)
Employer Failed To Show That Former Employee Violated Nondisclosure AgreementGlassdoor, Inc. v. Superior Court, 9 Cal. App. 5th 623 (2017)
Former CEO's Defamation Action Was Properly Dismissed With Anti-SLAPP Motion Charney v. Standard General, LP, 10 Cal. App. 5th 149 (2017)
Employee May Have Been On "Business Errand" At Time Of Traffic Collision Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (Cal. Ct. App. 2017)
Safeway/Vons Assistant Managers Were Properly Classified As Exempt From Overtime Batze v. Safeway, Inc., 10 Cal. App. 5th 440 (2017)
Employee Was Properly Awarded $31,000 In Attorney's Fees On $300 Unpaid Wage Claim Beck v. Stratton, 9 Cal. App. 5th 483 (2017)
Health Care Employees Can Waive Their Second Meal Period Gerard v. Orange Coast Mem. Med. Ctr., 9 Cal. App. 5th 1204 (2017)
Piece-Work-Based Pay Plan Violates FLSA Brunozzi v. Cable Commc’ns, Inc., 851 F.3d 990 (9th Cir. 2017)
Chapter 11 Automatic Stay Applies To PAGA Claims Porter v. Nabors Drilling USA, LP, 2017 WL 1404392 (9th Cir. 2017)

May 2017

California Employment Law Notes

Newly Enacted California Statutes

Paid Sick Leave Law Is Amended
E-Verify Use Is Restricted
Grocery Workers Protections Clarified
Labor Commissioner's Enforcement Capabilities Expanded
PAGA Cure Period Provided
Retaliation Against Family Members Of Whistleblowers Prohibited
Piece-Rate Compensation Requirements Changed
Meal Period Waiver Rules For Health Care Employees Clarified
Gender-Based "Fair Pay Act" Enacted
School Activity And Sick Leave Protections Expanded
Labor Commissioner Enforcement Authority Broadened, Liability For Managing Agents Expanded
New Protected Classes Added To Unruh Civil Rights Act

New Case Law

EEOC Is Entitled To More Information From Employer In Connection With Sex Discrimination Case
LAPD Requirement That Training Costs Be Reimbursed Violates Labor Code
Court Affirms $118,000 Verdict In Favor Of Fired Employee Who Reported A Crime To The Police
Terminated Actress Was Not Required To Exhaust Administrative Remedies Before Suing For Retaliation
Employees Who Allegedly Breached Employer’s Computer Use Policies Did Not Violate CFAA
Trial Court Improperly Failed To Certify Class Action For Unpaid Overtime
Employer And Employee Were Each Prevailing Parties On Different Claims
Court Affirms Dismissal Of PAGA Claims For Inadequate Notice But Orders Certification Of Class Action
Firefighters Are Not Entitled To Overtime For Time Spent Taking Gear To Temporary Duty Stations

November 2015

California Employment Law Notes

Insurance Claims Adjusters May Be Exempt Administrative Employees Harris v. Superior Court, 2011 WL 6823963 (Cal. S. Ct. 2011)
Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Pirjada v. Superior Court, 201 Cal. App. 4th 1074 (2011)
Employee-Attorney's $440,000 Verdict Against LA Housing Authority Is Affirmed Cordero-Sacks v. Housing Authority of Los Angeles, 200 Cal. App. 4th 1267 (2011)
$160,000 Sexual Harassment Verdict And Attorney's Fee Award Of $677,000 Affirmed Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011)
Supervisors Cannot Be Held Individually Liable For Military Leave Discrimination/Retaliation Haligowski v. Superior Court, 200 Cal. App. 4th 983 (2011)
Teacher With Expired Teaching Certificate Was Not "Qualified" Within The Meaning Of The ADA Johnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011)
Injunction Against Workplace Violence May Be Supported By Hearsay Evidence Kaiser Found. Hospitals v. Wilson, 201 Cal. App. 4th 550 (2011)
Claims For Reporting Time Pay And Split Shifts Were Properly Dismissed Aleman v. AirTouch Cellular, 2011 WL 6383963 (Cal. Ct. App. 2011)
Ministerial Exception Barred School Employee's Wrongful Termination Claims Against Church Henry v. Red Hill Evangelical Lutheran Church, 201 Cal. App. 4th 1041 (2011)
Nonexclusive Insurance Agent Was An Independent Contractor Arnold v. Mutual of Omaha Ins. Co., 2011 WL 6849652 (Cal. Ct. App. 2011)
Hirer Of Independent Contractor May Not Be Sued For Injuries Sustained By Worker Gravelin v. Satterfield, 200 Cal. App. 4th 1209 (2011)
California Overtime Requirements Apply To Work Performed By Non-Resident Employees Sullivan v. Oracle Corp., 2011 WL 6156942 (9th Cir. 2011)

January 2012

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