• Newsletter

    California Employment Law Notes

    Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA
    Pinter-Brown v. The Regents of the Univ. of Cal., 2020 WL 1950808 (Cal. Ct. App. 2020)
     
    Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee
    Reynaud v. Technicolor Creative Servs. USA, Inc., 46 Cal. App. 5th 1007 (2020)
     
    After-Acquired Evidence Was Properly Used To Defeat ADA Claim
    Anthony v. TRAX Int'l Corp., 955 F.3d 1123 (9th Cir. 2020)
     
    Court Orders Higher Prevailing-Plaintiff Attorneys' Fees In Disability Discrimination Case
    Caldera v. California Dep't of Corrs. & Rehab., 2020 WL 2109751 (Cal. Ct. App. 2020)
     
    Court Should Not Have Dismissed Self-Represented Employee's Claims
    Nuño v. California State Univ., 47 Cal. App. 5th 799 (2020)
     
    Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials
    Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020)
     
    Unlimited Vacation Policy Failed To Properly Compensate Employees
    McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020)
     
    Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment
    Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020)
     
    Threat To Terminate Employee May Constitute Extortion
    Galeotti v. International Union of Operating Eng'rs Local No. 3, 2020 WL 2188995 (Cal. Ct. App. 2020)
     
    Lyft Was Not Liable For Accident Involving One Of Its Drivers
    Marez v. Lyft, Inc., 2020 WL 2108643 (Cal. Ct. App. 2020)
     
    Employees Who Were Required To Call-In Prior To Shift Were Entitled To Reporting-Time Pay
    Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020)
     
    Court Properly Dismissed Employer's Civil Rights Claim Against Employee
    Patel v. Chavez, 2020 WL 2109599 (Cal. Ct. App. 2020)

    May 2020

  • Newsletter

    California Employment Law Notes

    Time Spent By Employees In Exit Searches Is Compensable
    Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020)
     
    Prior Pay Is Not A Defense To An Equal Pay Act Claim
    Rizo v. Yovino, 2020 WL 946053 (9th Cir. 2020) (en banc)
     
    Constructive Termination And Joint Employer Claims Were Properly Dismissed
    St. Myers v. Dignity Health, 44 Cal. App. 5th 301 (2019)
     
    Gay CHP Officer May Have Been Constructively Terminated
    Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020)
     
    Security Guard Did Not Sexually Harass Court Personnel
    Schmidt v. Superior Court, 44 Cal. App. 5th 570 (2020)
     
    Employer Was Not Liable For The Death Of A Pedestrian Caused By Employee
    Bingener v. City of Los Angeles, 44 Cal. App. 5th 134 (2019)
     
    Agreement Not To Compete With Employer While Still Employed Is Enforceable
    Techno Lite, Inc. v. Emcod, LLC, 44 Cal. App. 5th 462 (2020)
     
    Louisiana Wage Law Applies To Non-California Residents Working On Vessel Off The Coast Of California
    Gulf Offshore Logistics, LLC v. Superior Court, 2020 WL 772610 (Cal. Ct. App. 2020)
     
    Summary Judgment Properly Entered In Favor of DOL in FLSA Case
    Scalia v. Employer Solutions Staffing Group, 2020 WL 992564 (9th Cir. 2020)
     
    Employee Can Sue Employer That Was Not Released In Prior Class Action
    Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020)
     
    Agreement To Divide $4.3 Million in Attorneys’ Fees Was Unenforceable Absent Disclosure About Insurance
    Hance v. Super Store Indus., 44 Cal. App. 5th 676 (2020)

    March 2020

  • Newsletter

    California Employment Law Notes

    Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories
    Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019)
     
    Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed
    Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019)
     
    Employer That "Mistakenly" Terminated Employee On Disability Leave May Be Liable For Discrimination
    Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019)
     
    Defamation and Wrongful Termination Claims Against the Los Angeles Times Were Properly Dismissed
    Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019)
     
    Court Properly Refused To Dissolve Injunction Involving Trade Secret Misappropriation
    Global Protein Prods., Inc. v. Le, 42 Cal. App. 5th 352 (2019)
     
    Trial Court Properly Denied Class Certification Of Meal/Rest Break Claims
    Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019)
     
    Court Affirms Jury Verdict Finding Safeway Manager Was Exempt From Overtime
    Safeway Wage & Hour Cases, 2019 WL 6954322 (Cal. Ct. App. 2019)
     
    Employer's Wage Statement Failed To Provide Legal Name Of Employer
    Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019)
     
    Ninth Circuit Affirms $54.6 Million Verdict In Favor of Wal-Mart Truckers
    Ridgeway v. Walmart Inc., 2020 WL 55073 (9th Cir. 2020)

    January 2020

  • Newsletter

    California Employment Law Notes

    Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners
    Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019)
     
    College Professor Was Retaliated Against For Complaining About Hostile Environment
    Gupta v. Trustees of the Cal. State Univ., 40 Cal. App. 5th 510 (2019)
     
    Discriminatory Failure-To-Hire Claim Must Be Brought Under The FEHA
    Williams v. Sacramento River Cats Baseball Club, LLC, 40 Cal. App. 5th 280 (2019)
     
    Employee Failed To Present Sufficient Evidence At Trial To Support Retaliation Claim
    Nejadian v. County of Los Angeles, 40 Cal. App. 5th 703 (2019)
     
    Employer May Have FEHA Liability If It Exercised Direction/Control Over Temp Worker
    Jimenez v. U.S. Continental Mktg., Inc., 2019 WL 5257938 (Cal. Ct. App. 2019)
     
    McDonald's Corp Was Not The Joint Employer Of Its Franchisees' Employees
    Salazar v. McDonald's Corp., 939 F.3d 1051 (9th Cir. 2019)
     
    Statute Of Limitations Runs From The Date Of Each Allegedly Discriminatory Payment
    Carroll v. City & County of San Francisco, 2019 WL 5617019 (Cal. Ct. App. 2019)
     
    Live-In Nanny Is Entitled To Unpaid Wages, But Less Than $403,000
    Liday v. Sim, 40 Cal. App. 5th 359 (2019)
     
    Expense Reimbursement Claims Are Covered By Employment Practices Insurance
    Southern Cal. Pizza Co. v. Certain Underwriters at Lloyd's, London, 40 Cal. App. 5th 140 (2019)
     
    Employer Must Have Written Meal Period Agreement, Which Includes A Revocation Clause
    Naranjo v. Spectrum Sec. Servs., Inc., 40 Cal. App. 5th 444 (2019)
     
    Employer's "Service Charge" May Be A Gratuity Owed To Employees
    O'Grady v. Merchant Exchange Prods., Inc., 2019 WL 5617001 (Cal. Ct. App. 2019)
     
    Determination Of Class Certification Motion Should Be Based On Dynamex's "ABC Test"
    Gonzales v. San Gabriel Transit, Inc., 2019 WL 4942213 (Cal. Ct. App. 2019)

    November 2019

  • Newsletter

    California Employment Law Notes

    California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes
    OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019)
     
    Some Of TV Producer's Discrimination Claims Could Be Stricken Under Anti-SLAPP Statute
    Wilson v. Cable News Network, Inc., 7 Cal. 5th 871 (2019)
     
    Bill Cosby May Be Liable For His Attorney's Statements About Accuser
    Dickinson v. Cosby, 37 Cal. App. 5th 1138 (2019)
     
    Court Reverses Two Summary Judgments Entered In Favor Of Hospital
    Ortiz v. Dameron Hosp. Ass'n, 37 Cal. App. 5th 568 (2019)
     
    Morbidly Obese Employee Failed To Establish Causal Relationship To His Termination
    Valtierra v. Medtronic Inc., 2019 WL 3917531 (9th Cir. 2019)
     
    Prevailing-Party Employer Could Not Recover Its Costs Despite Successful CCP § 998 Offer
    Scott v. City of San Diego, 38 Cal. App. 5th 228 (2019)
     
    Attorney For Former Employee Recovers His Fees From Employer
    Mancini & Assocs. v. Schwetz, 2019 WL 4187472 (Cal. Ct. App. 2019)
     
    Five Days' Notice Is Required For Workplace Restraining Order
    Severson & Werson v. Sepehry-Fard, 37 Cal. App. 5th 938 (2019)
     
    Property Inspectors' Class Action Was Properly Denied Certification
    McCleery v. Allstate Ins. Co., 37 Cal. App. 5th 434 (2019)
     
    Employee Who Was Not Paid Wages May Not Sue For Conversion
    Voris v. Lampert, 2019 WL 3820000 (Cal. S. Ct. 2019)
     
    Residential Care Facility Must Provide At Least 30-Minute Meal Periods To Employees
    L'Chaim House, Inc. v. DLSE, 38 Cal. App. 5th 141 (2019)
     
    Former Employee's Lawyer Was Improperly Disqualified From Prosecuting Action
    Wu v. O'Gara Coach Co., 2019 WL 3942920 (Cal. Ct. App. 2019)
     
    District Court Improperly Remanded Action Removed Under CAF
    Arias v. Residence Inn by Marriott, 2019 WL 4148784 (9th Cir. 2019)

    September 2019

  • Newsletter

    California Employment Law Notes

    Filing EEOC Charge Is Not A "Jurisdictional" Requirement To Initiating Title VII LawsuitFort Bend County v. Davis, 587 U.S. ___, 139 S. Ct. 1843 (2019)
     
    Trial Court Properly Reduced $17.4 Million Jury Award By $5 MillionPearl v. City of Los Angeles, 2019 WL 2511941 (Cal. Ct. App. 2019)
     
    Former Deputy DA Could Proceed With WhistleblowerAnd Disability Discrimination ClaimsRoss v. County of Riverside, 2019 WL 2537342 (Cal. Ct. App. 2019)
     
    Employee Could Proceed With Malicious Prosecution Action Against Former EmployerCuevas-Martinez v. Sun Salt Sand, Inc., 35 Cal. App. 5th 1109 (2019)
     
    Lawyers Who Approved Settlement As To “Form And Content” May Be BoundMonster Energy Co. v. Schechter, 2019 WL 3022773 (Cal. S. Ct. 2019)
     
    Employee’s Lawyer Was Improperly Disqualified After Contacting “Me-Too” Co-Employee WitnessDoe v. Superior Court, 36 Cal. App. 4th 199 (2019)
     
    Prevailing Employer May Not Recover Fees Unless Wage Claim Was Made In Bad FaithDane-Elec Corp., USA v. Bodokh, 35 Cal. App. 5th 761 (2019)
     
    Nike Employees May Be Entitled To Pay Spent In Exit InspectionsRodriguez v. Nike Retail Servs., 2019 WL 2701332 (9th Cir. 2019)
     
    Restaurant Is Not Required To Reimburse Employees For Slip-Resistant ShoesTownley v. BJ's Restaurants, Inc., 2019 WL 2913303 (Cal. Ct. App. 2019)
     
    Federal Law Applies To Employees Working On Coastal Drilling PlatformsParker Drilling Mgmt. Servs., Ltd. v. Newton, 587 U.S. ___, 139 S. Ct. 1881 (2019)

    July 2019

  • 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