• Newsletter

    California Employment Law Notes

    Strict Independent Contractor Test Applies Retroactively
    Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019)
     
    California Employee Is Compelled To Litigate His Employment Claims In Indiana
    Ryze Claim Solutions LLC v. Superior Court, 2019 WL 1467947 (Cal. Ct. App. 2019)
     
    Employee Could Rely Upon Former Supervisor's Statement About Existence Of Discrimination
    Weil v. Citizens Telecom Servs. Co., 2019 WL 1891796 (9th Cir. 2019)
     
    Former Employee's Claims Against The Salvation Army Were Properly Dismissed
    Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019)
     
    Employer Did Not Violate PAGA By Failing To Include "ZIP+4 Code" On Wage Statements
    Savea v. YRC Inc., 2019 WL 1552686 (Cal. Ct. App. 2019)
     
    IT Analyst Was Properly Denied Unemployment Benefits
    Goldstein v. CUIAB, 2019 WL 1923530 (Cal. Ct. App. 2019)

    May 2019

  • Newsletter

    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

  • Newsletter

    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

  • Newsletter

    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

  • Newsletter

    California Employment Law Notes

    Employer Must Obtain Written Authorization To Conduct Background Check
    Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018)
     
    Some Of California's "Sanctuary State" Employer Obligations Are Struck Down
    United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018)
     
    No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint
    Golden v. California Emergency Physicians Med. Group, 896 F.3d 1018 (9th Cir. 2018)
     
    Court Affirms $500,000 Jury Award To Employee Who Stutters
    Caldera 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 Employee
    Nishiki v. Danko Meredith, APC, 25 Cal. App. 5th 883 (2018)
     
    Member Of Tribe Could Proceed With Whistleblower Suit
    The 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 Advertisements
    Hicks 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 Agreement
    Monster Energy Co. v. Schechter, 26 Cal. App. 5th 54 (2018)
     
    Injured Employee Who Was Denied Prescription Drug Is Limited To Workers' Comp Benefits
    King v. CompPartners, Inc., 2018 WL 4017874 (Cal. S. Ct. 2018)
     
    Homeowner Could Be Liable For Tree Trimmer's Injuries
    Jones v. Sorenson, 25 Cal. App. 5th 933 (2018)
     
    FLSA's De Minimis Doctrine Does Not Apply To California "Off-The-Clock" Claims
    Troester v. Starbucks Corp., 5 Cal. 5th 829 (2018)
     
    Taco Bell Did Not Deny Meal Breaks By Providing Employee Discounts For Meals Eaten On Premises
    Rodriguez 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 Requirement
    Fritsch 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 Contract
    Harris v. County of Orange, 2018 WL 4211161 (9th Cir. 2018)
     
    Class Action Dismissed For Failure To Bring Lawsuit To Trial Within Five Years
    Martinez v. Landry's Rest., Inc., 2018 WL 4091279 (Cal. Ct. App. 2018)
     
    Employer Of Piece-Rate Employees May Assert Safe-Harbor Defense
    Jackpot Harvesting Co. v. Superior Court, 26 Cal. App. 5th 125 (2018)

    September 2018

  • Newsletter

    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

  • Newsletter

    California Employment Law Notes

    Delivery Drivers Were Improperly Classified As Independent Contractors
    Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018)
     
    Employer May Not Avoid Title VII Liability Based Upon Employees' Salary History
    Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc)
     
    Community College District Failed To Reasonably Accommodate Disabled Employee
    Hernandez v. Rancho Santiago Cmty. Coll. Dist., 2018 WL 2057468 (Cal. Ct. App. 2018)
     
    Auto Dealership Service Advisors Are Exempt From Federal Overtime Requirements
    Encino Motorcars, LLC v. Navarro, 584 U.S. ___, 138 S. Ct. 1134 (2018)
     
    Gas Station Owner Was Not Joint Employer Of Managers
    Curry v. Equilon Enterprises, LLC, 2018 WL 1959472 (Cal. Ct. App. 2018)
     
    Staffing Company Was Not Liable For Failure To Provide Meal Periods
    Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)
     
    Title VII Claim Must Be Filed Within 90 Days Of Receipt Of Right-To-Sue Letter
    Scott v. Gino Morena Enterprises, LLC, 2018 WL 1977123 (9th Cir. 2018)
     
    Employee Was Permitted To Voluntarily Dismiss Breach Of Contract Action
    Shapira v. Lifetech Resources, LLC, 2018 WL 1804993 (Cal. Ct. App. 2018)
     
    Employer's Action Against Opposing Attorney Was Properly Dismissed On Anti-SLAPP Grounds
    MMM 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

  • Newsletter

    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

  • Newsletter

    California Employment Law Notes: January 2018

    Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion
    Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017)
     
    Obese Former Employee May Proceed With Disability Discrimination Claim
    Cornell v. Berkeley Tennis Club, 2017 WL 6524707 (Cal. Ct. App. 2017)
     
    Cal-WARN Act Applies To Temporary Layoffs 
    International Bhd. of Boilermakers, et al. v. NASSCO Holdings Inc., 17 Cal. App. 5th 1105 (2017)
     
    Employer Had Good Cause To Terminate Employee Following Proper Investigation
    Jameson v. Pacific Gas & Elec. Co., 16 Cal. App. 5th 901 (2017)
     
    Ninth Circuit Adopts "Primary Beneficiary" Test To Determine If Students Were Employees
    Benjamin v. B&H Educ., Inc., 2017 WL 6460087 (9th Cir. 2017) 
     
    Veteran Established Violation Of USERRA Based Upon Lower Signing Bonus
    Huhmann v. Federal Express Corp., 874 F.3d 1102 (9th Cir. 2017) 
     
    Employer Was Properly Sanctioned $4,000 Per Day For Noncompliance With Discovery Order
    Padron v. Watchtower Bible & Tract Soc'y of NY, Inc., 16 Cal. App. 5th 1246 (2017) 
     
    District Court Has Discretion To "Gross Up" Backpay Award To Compensate For Tax Liability
    Clemens v. Qwest Corp., 874 F.3d 1113 (9th Cir. 2017) 
     
    Instructional Error In ADA Case Was Harmless
    Dunlap v. Liberty Natural Products, 2017 WL 6614570 (9th Cir. 2017) 
     
    Employees' Alter Ego/Joint Employer Claims Should Not Have Been Dismissed
    Turman v. Superior Court, 17 Cal. App. 5th 969 (2017) 
     
    Claims For Alleged Unauthorized Payments To Retirement Plan Are Preempted By ERISA
    Skillin v. Rady Children's Hosp. of San Diego, 2017 WL 6029754 (Cal. Ct. App. 2017) 

    January 2018

  • Newsletter

    California Employment Law Notes

    September 2017