California Employment Law Notes

Delivery Drivers Were Improperly Classified As Independent ContractorsDynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018)
Employer May Not Avoid Title VII Liability Based Upon Employees' Salary HistoryRizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc)
Community College District Failed To Reasonably Accommodate Disabled EmployeeHernandez v. Rancho Santiago Cmty. Coll. Dist., 2018 WL 2057468 (Cal. Ct. App. 2018)
Auto Dealership Service Advisors Are Exempt From Federal Overtime RequirementsEncino Motorcars, LLC v. Navarro, 584 U.S. ___, 138 S. Ct. 1134 (2018)
Gas Station Owner Was Not Joint Employer Of ManagersCurry v. Equilon Enterprises, LLC, 2018 WL 1959472 (Cal. Ct. App. 2018)
Staffing Company Was Not Liable For Failure To Provide Meal PeriodsSerrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)
Title VII Claim Must Be Filed Within 90 Days Of Receipt Of Right-To-Sue LetterScott v. Gino Morena Enterprises, LLC, 2018 WL 1977123 (9th Cir. 2018)
Employee Was Permitted To Voluntarily Dismiss Breach Of Contract ActionShapira v. Lifetech Resources, LLC, 2018 WL 1804993 (Cal. Ct. App. 2018)
Employer's Action Against Opposing Attorney Was Properly Dismissed On Anti-SLAPP GroundsMMM Holdings, Inc. v. Reich, 21 Cal. App. 5th 167 (2018)
Lower Court Should Have Certified Registered Nurses' Class Action Sali v. Corona Reg'l Med. Ctr., 2018 WL 2049680 (9th Cir. 2018)

May 2018

California Employment Law Notes

Supreme Court Bars Mandatory Union Dues For Public Employees
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018)
Supreme Court Upholds Employee Class Action Waivers
Epic Sys. Corp. v. Lewis, 584 U.S. ___, 138 S. Ct. 1612 (2018)
Court Reverses Defense Verdict In Sexual Harassment Case
Meeks v. AutoZone, Inc., 2018 WL 3062555 (Cal. Ct. App. 2018)
Employer May Be Liable For "Thwarting" Pregnant Extern From Applying For Job
Abed v. Western Dental Servs., Inc., 23 Cal. App. 5th 859 (2018)
Former Librarian's Discrimination Claims Were Barred On Various Legal Grounds
Wassmann v. South Orange County Cmty. Coll. Dist., 2018 WL 3063946 (Cal. Ct. App. 2018)
Whistleblower Lawsuit Should Not Have Been Dismissed
Taswell v. The Regents of the Univ. of Cal., 23 Cal. App. 5th 343 (2018)
Release Executed In Workers' Compensation Case Did Not Bar Subsequent Civil Action
Camacho v. Target Corp., 234 Cal. Rptr. 3d 223 (Cal. Ct. App. 2018)
Ninth Circuit Affirms ADA Judgment In Favor Of Employer
Snapp v. BNSF Ry., 889 F.3d 1088 (9th Cir. 2018)
Former High School Teacher's Race/Sex Discrimination Claims Were Properly Dismissed
Campbell v. State of Hawaii Dep't of Educ., 892 F.3d 1005 (9th Cir. 2018)
Negligent Hiring Claim May Be Covered By CGL Insurance Policy
Liberty Surplus Ins. Corp. v. Ledesma & Meyer Constr. Co., 233 Cal. Rptr. 3d 487 (Cal. S. Ct. 2018)
Employer Not Vicariously Liable For Injuries Caused By Employee During His Commute
Newland v. County of Los Angeles, 234 Cal. Rptr. 3d 374 (Cal. Ct. App. 2018)
Successive Class Action Was Not Barred By Statute Of Limitations
Fierro v. Landry's Rest. Inc., 23 Cal. App. 5th 325 (2018)
PAGA Wage Statement Claim Does Not Require Proof of Injury
Raines v. Coastal Pac. Food Distrib., Inc., 23 Cal. App. 5th 667 (2018)
Employer Need Not Provide Wage Statement Concurrently With Payment of Employee's Final Wages
Canales v. Wells Fargo Bank, N.A., 23 Cal. App. 5th 1262 (2018)
Employer Improperly Adopted Alternative Workweek Schedule But Wage Statement Penalties Are Reversed
Maldonado v. Epsilon Plastics, Inc., 22 Cal. App. 5th 1308 (2018)

July 2018

California Employment Law Notes

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018)
Dodd-Frank Anti-Retaliation Protection Does Not Apply Absent Prior Notice To The SEC Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018)
California Rejects Federal Rule For Calculating Overtime Rate For Employees Who Earn Flat Sum Bonus Alvarado v. Dart Container Corp. of Cal., 2018 WL 1146645 (Cal. S. Ct. 2018)
$48,000 Judgment Affirmed In Favor Of Former Parks & Recreation Employee Hurley v. California Dep't of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)
Urging Other Employees To Quit And Sue Employer Is Protected Conduct Under Anti-SLAPP Statute Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018)
Unsuccessful Disability Discrimination Plaintiff Is Not Entitled To Attorney's Fees Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017)
Employee's Qui Tam Action Is Not Barred By The Litigation Privilege People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017)
Statute Of Limitations For State Law Claims Was Suspended While Case Was Pending In Federal Court Artis v. District of Columbia, 583 U.S. ___, 138 S. Ct. 594 (2018)
Employer Did Not Waive Its Right To Remove Action to Federal Court By Filing Demurrer Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018)
Payments Made To Union Trust Fund Are Not Subject To California Wage Statement Law Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)
PAGA Claim Dismissed Where Employee Failed To Provide Adequate Notice To LWDA Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018)
Class Certification Was Properly Denied In Outside Sales Exemption Case Duran v. U.S. Bank Nat'l Ass'n, 19 Cal. App. 5th 630 (2018)

March 2018

California Employment Law Notes

Employer Must Obtain Written Authorization To Conduct Background CheckConnor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018)
Some Of California's "Sanctuary State" Employer Obligations Are Struck DownUnited States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018)
No-Employment Provision In Settlement Agreement Is An Unenforceable RestraintGolden v. California Emergency Physicians Med. Group, 896 F.3d 1018 (9th Cir. 2018)
Court Affirms $500,000 Jury Award To Employee Who StuttersCaldera v. California Dep't of Corr. & Rehab., 25 Cal. App. 5th 31 (2018)
$80 Error On Final Paycheck Results In Six-Figure Judgment In Favor Of EmployeeNishiki v. Danko Meredith, APC, 25 Cal. App. 5th 883 (2018)
Member Of Tribe Could Proceed With Whistleblower SuitThe Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States Dep't of the Interior, 2018 WL 3978542 (9th Cir. 2018)
Professional Golf Caddies May Be Required To Wear Bibs Containing AdvertisementsHicks v. PGA Tour, Inc., 897 F.3d 1109 (9th Cir. 2018)
Employee May Recover For Breach Of Contract, But Not For "Theft Of Labor"Lacagnina v. Comprehend Sys., Inc., 25 Cal. App. 5th 955 (2018)
Attorneys Were Not Liable For Breach Of Confidential Settlement AgreementMonster Energy Co. v. Schechter, 26 Cal. App. 5th 54 (2018)
Injured Employee Who Was Denied Prescription Drug Is Limited To Workers' Comp BenefitsKing v. CompPartners, Inc., 2018 WL 4017874 (Cal. S. Ct. 2018)
Homeowner Could Be Liable For Tree Trimmer's InjuriesJones v. Sorenson, 25 Cal. App. 5th 933 (2018)
FLSA's De Minimis Doctrine Does Not Apply To California "Off-The-Clock" ClaimsTroester v. Starbucks Corp., 5 Cal. 5th 829 (2018)
Taco Bell Did Not Deny Meal Breaks By Providing Employee Discounts For Meals Eaten On PremisesRodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018)
Employer's Future Attorneys' Fees Should Be Considered In Connection With CAFA Amount-In-Controversy RequirementFritsch v. Swift Transp. Co. of Ariz., LLC, 899 F.3d 785 (9th Cir. 2018)
Change In Retirees' Health Benefits Did Not Constitute Age Discrimination, But May Be A Breach Of ContractHarris v. County of Orange, 2018 WL 4211161 (9th Cir. 2018)
Class Action Dismissed For Failure To Bring Lawsuit To Trial Within Five YearsMartinez v. Landry's Rest., Inc., 2018 WL 4091279 (Cal. Ct. App. 2018)
Employer Of Piece-Rate Employees May Assert Safe-Harbor DefenseJackpot Harvesting Co. v. Superior Court, 26 Cal. App. 5th 125 (2018)

September 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