• 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 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

  • 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 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

  • 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

    January 2018

  • Newsletter

    California Employment Law Notes

    September 2017

  • Newsletter

    California Employment Law Notes


    California Supreme Court Resolves Day-Of-Rest Questions Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017)
    Employer's Attorney May Be Liable For Retaliation Under FLSA Arias v. Raimondo, 2017 WL 2676771 (9th Cir. 2017)
    Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data Sought By EEOC EEOC v. McLane Co., 857 F.3d 813 (9th Cir. 2017)
    Attorney Work Product Belongs To Law Firm, Not Former Attorney Employee Tucker Ellis LLP v. Superior Court, 2017 WL 2665188 (Cal. Ct. App. 2017)
    Punitive Damages Claim Against Employer Is Dismissed Absent Action By "Managing Agent" CRST, Inc. v. Superior Court, 11 Cal. App. 5th 1255 (2017)
    Trial Court Erred By Failing To Certify Class Action For Unpaid Rest Periods Bartoni v. American Med. Response W., 11 Cal. App. 5th 1084 (2017)
    Foreign National Who Worked For Travel Tour Company Was An Employee, Not An Intern Or Exempt Manager Kao v. Joy Holiday, 2017 WL 2590653 (Cal. Ct. App. 2017)
    Mortgage Underwriters Are Not Exempt From FLSA Overtime Requirements McKeen-Chaplin v. Provident Sav. Bank, 2017 WL 2855084 (9th Cir. 2017)
    Employee Is Not Entitled To Attorney's Fees For Breach Of Contract Claim Shames v. Utility Consumers' Action Network, 2017 WL 2807920 (Cal. Ct. App. 2017)

    July 2017

  • Newsletter

    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

  • Newsletter

    California Employment Law Notes


    Routine Hugging Over 12-Year Period May Have Caused Hostile Work EnvironmentZetwick v. County of Yolo, 2017 WL 710476 (9th Cir. 2017)
    Racial Harassment Claim Based On Comments Made During “Creative Process” Was Properly DismissedDaniel v. Wayans, 2017 WL 526494 (Cal. Ct. App. 2017)
    Employer May Have Discriminated Against Female Supervisor Based On GenderMayes v. WinCo Holdings, Inc., 846 F.3d 1274 (9th Cir. 2017)
    Employee Who Took CFRA Leave May Proceed With Retaliation LawsuitBareno v. San Diego Community College Dist., 7 Cal. App. 5th 546 (2017)
    LAPD Failed To Reasonably Accommodate Recruits Who Were Injured While TrainingAtkins v. City of Los Angeles, 2017 WL 588127 (Cal. Ct. App. 2017)
    Millwrights Could Proceed With Hostile Work Environment ClaimReynaga v. Roseburg Forest Prods., 847 F.3d 678 (9th Cir. 2017)
    Court Properly Dismissed PAGA And Class Action Claims Silva v. See’s Candy Shops, Inc., 7 Cal. App. 5th 235 (2017)
    Auto Dealership Service Advisors Are Not Exempt From Federal Overtime Requirements Navarro v. Encino Motorcars, LLC, 845 F.3d 925 (9th Cir. 2017)
    Employees Paid On Commission Are Entitled To Separate Compensation For Rest Periods Vaquero v. Stoneledge Furniture LLC, 2017 WL 776635 (Cal. Ct. App. 2017)
    Employer Violated FCRA By Including Liability Waiver In Disclosure Statement Syed v. M-I, LLC, 846 F.3d 1034 (9th Cir. 2017) <
    Employer Not Vicariously Liable For Injuries Caused By Employee In Auto Accident Lynn v. Tatitlek Support Servs., Inc., 2017 WL 696008 (Cal. Ct. App. 2017)

    March 2017