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Newsletter
Terminating Sanctions Entered Against Employee Who Deleted Relevant Text Messages
Jones v. Riot Hospitality Group LLC, 2024 WL 927669 (9th Cir. 2024)
“Dispute” Does Not Exist Under Ending Forced Arbitration Act Until Employee Asserts A Claim Or Demand
Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024)
Really, Really Pay Those Arbitration Fees Within 30 Days – Really!
Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024)
Whistleblower Protection Laws Do Not Apply Outside the United States
Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024)
Former Employer Was Entitled To Injunction And Attorney’s Fees For Employee’s Misappropriation Of Trade Secrets
Applied Med. Distribution Corp. v. Jarrells, 2024 WL 1007523 (Cal. Ct. App. 2024)
Trial Court May Not Dismiss PAGA Claims On Manageability Grounds
Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024)
Prevailing Employer May Only Recover Costs If FEHA Action Was “Objectively Frivolous”
Neeble-Diamond v. Hotel Cal. By the Sea, LLC, 99 Cal. App. 5th 551 (2024)
Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.
Johnson v. Lowe's Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024)
March 2024
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Newsletter
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023)
New Trial Of Sexual Harassment Claim Ordered Following Admission Of Evidence Of Other Employees’ Complaints Against Plaintiff
Argueta v. Worldwide Flight Servs., Inc., 97 Cal. App. 5th 822 (2023)
Trial Court Gave Erroneous Jury Instructions In Whistleblower Case
Garrabrants v. Erhart, 2023 WL 9016436 (Cal. Ct. App. 2023)
Health Care “Opt-Out Credits” Do Not Count Towards Calculation Of FLSA Regular Rate of Pay
Sanders v. County of Ventura, 87 F.4th 434 (9th Cir. 2023)
Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023)
“Poison-Pill” Provision Voided Entire Arbitration Agreement
DeMarinis v. Heritage Bank of Commerce, 2023 WL 9113099 (Cal. Ct. App. 2023)
Rest-Break Class Gets Second Chance for Class Certification
Miles v. Kirkland’s Stores, 2024 WL 74698 (9th Cir. 2024
January 2024
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Newsletter
Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
Mattson Tech., Inc. v. Applied Materials, Inc., 2023 WL 7180167 (Cal. Ct. App. 2023)
Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
Martin v. Board of Trustees of the Cal. State Univ., 2023 WL 7537694 (Cal. Ct. App. 2023)
Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
Snoeck v. ExakTime Innovations, Inc., 2023 WL 7014096 (Cal. Ct. App. 2023)
Employees Were Properly Awarded $7.2 Million For Employer’s Breach Of Contract
Park v. NMSI, Inc., 96 Cal. App. 5th 616 (2023)
Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion
Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19
Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023)
Employee’s Meal and Rest Break PAGA Claims Survive Summary Judgment
Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023)
Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees
Doe v. Superior Court, 95 Cal. App. 5th 346 (2023)
November 2023
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Newsletter
Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members
Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023)
School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing
Rossi v. Sequoia Union Elementary Sch., 2023 WL 5498732 (Cal. Ct. App. 2023)
Employer Must Prove “Substantial Increased Costs” Would Result From Religious Accommodation
Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279 (2023)
Fire Chief Was Terminated For Misconduct Not Because Of His Religion
Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023)
Court Affirms $7.1 Million Whistleblower Verdict
Zirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023)
Business Entity Agents Of Employer Share Potential FEHA Liability
Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023)
Arbitrator Correctly Enforced Release Agreement Executed By Employee
Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023)
PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)
COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld
LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)
Non-Party Plaintiffs With Overlapping PAGA Claims May Be Able To “Permissibly Intervene” In Related Actions
Accurso v. In-N-Out Burgers, 2023 WL 5543525 (Cal. Ct. App. 2023)
Disability Leave Is Not “Compensation” Under California Workers’ Compensation Law
California Dep’t of Corr. & Rehab. v. WCAB, 2023 WL 5198517 (Cal. Ct. App. 2023)
Nurse May Proceed With Class Certification On Wage Statement Claim
Woodworth v. Loma Linda Univ. Med. Ctr., 93 Cal. App. 5th 1038 (2023)
Principal Of Former Employer Liable Based On Alter Ego Theory
Hacker v. Fabe, 92 Cal. App. 5th 1267 (2023)
September 2023
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Newsletter
Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023)
Employee Who Refused To Get Flu Vaccine Was Properly Terminated
Hodges v. Cedars-Sinai Med. Ctr., 91 Cal. App. 5th 894 (2023)
Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023)
No Implied Waiver Of Disqualification Of Judge For Bias Or Appearance Of Impartiality After One Year
North Am. Title Co. v. Superior Court, 91 Cal. App. 5th 948 (2023)
No Final Paycheck Due After End Of Temporary Assignment
Young v. RemX Specialty Staffing, 91 Cal. App. 5th 427 (2023)
Exemption of Financial Professionals From ABC Test And Retroactive Application Are Constitutional
Quinn v. LPL Fin. LLC, 91 Cal. App. 5th 370 (2023)
Distributors Not Liable For Unpaid Wages Of Agricultural Workers
Morales-Garcia v. Better Produce, Inc., 70 F.4th 532 (9th Cir. 2023)
PAGA Debt Not Dischargeable in Bankruptcy
In re Patacsil, 2023 WL 3964908 (Bankr. E.D. Cal. June 9, 2023)
Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023)
July 2023
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Newsletter
Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023)
Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
May 2023
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Newsletter
No Claim By Employee Who Was Friends With Alleged Harasser
Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023)
Pregnancy Discrimination Lawsuit Was Properly Dismissed
Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023)
Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023)
Court Compels Individual But Not Representative Claims To Arbitration
Piplack v. In-N-Out Burgers, 2023 WL 2384502 (Cal. Ct. App. 2023)
Good Faith Is Defense To Labor Code’s “Knowing And Intentional” Standard
Naranjo v. Spectrum Sec. Servs., Inc., 2023 WL 2261253 (Cal. Ct. App. 2023)
Absent Exemption, Highly Compensated Daily-Rate Workers Are Entitled To Overtime
Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. ___, 143 S. Ct. 677 (2023)
Ninth Circuit Strikes Down “Request Arbitration, Go To Jail” Law
Chamber of Commerce v. Bonta, 2023 WL 2013326 (9th Cir. 2023)
Issue Preclusion Barred PAGA Claims After Arbitration Loss
Rocha v. U-Haul Co. of Cal., 88 Cal. App. 5th 65 (2023)
No Arbitration Waiver Where Employer Answered Complaint And Engaged In Limited Discovery
Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023)
Labor Commissioner’s Deposition Subpoena Power Ends Once Wage Citation Issued
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023)
Proposition 22 Is Not Unconstitutional
Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023)
Short-Term Military Leave May Have To Be Comparable To Non-Military Leave Benefits
Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023)
Employee’s PAGA Action Was Not Limited By Sick Pay Statute
Wood v. Kaiser Found. Hosps., 88 Cal. App. 5th 742 (2023)
March 2023
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Newsletter
Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023)
Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal Support Case
Brubaker v. Strum, 2023 WL 179541 (Cal. Ct. App. 2023)
Background Check Agency May Have Violated State Law By Disclosing Conviction
Kemp v. Superior Court, 86 Cal. App. 5th 981 (2022)
Former Teacher’s Defamation Suit Was Properly Dismissed Under Anti-SLAPP Statute
Bishop v. The Bishop’s School, 86 Cal. App. 5th 893 (2022)
Judgment Against Employer Was Enforceable Where Appeal Was Invalid
Patel v. Chavez, 85 Cal. App. 5th 712 (2022)
Real Estate Agents Are Independent Contractors As A Matter Of Law If Requirements Met
Whitlach v. Premier Valley, Inc., 86 Cal. App. 5th 673 (2022)
Employer Need Not Count Overtime Twice In Bonus Calculation
Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023)
Outside Salesperson Exemption Does Not Apply To Workers Whose Employer Controls Their Hours And Working Conditions
Espinoza v. Warehouse Demo Servs., Inc., 86 Cal. App. 5th 1184 (2022)
January 2023
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Newsletter
Equal Pay Act Claim Should Not Have Been Dismissed
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022)
Whistleblower Claim Should Not Have Been Dismissed In Part
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022)
School District Employee May Have Been Discriminated Against On The Basis Of A Disability
Price v. Victory Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022)
Offer To Settle Expired When The Court Granted Summary Judgment Motion
Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022)
Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee
Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022)
Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022)
Recipient Of Workplace Violence TRO Was Entitled To Cross Examine Witnesses
CSV Hospitality Mgmt. LLC v. Lucas, 2022 WL 9744258 (Cal. Ct. App. 2022)
Former Employee Was Not Injured By Alleged Violation of FCRA
Limon v. Circle K Stores Inc., 2022 WL 14391789 (Cal. Ct. App. 2022)
November 2022
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Newsletter
Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant
Musgrove v. Silver, 82 Cal. App. 5th 694 (2022)
Employer May Not Inquire Into Former Employee’s Immigration Status
Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022)
Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case
Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022)
Workplace Violence Restraining Order Reversed Absent Credible Threat Of Violence
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022)
AutoZone May Not Have “Provided” Suitable Seating To Employees
Meda v. AutoZone, Inc., 81 Cal. App. 5th 366 (2022)
FEHA Employee Who Was Working Remotely May Sue In County Where She Lived
Malloy v. Superior Court, 2022 WL 4298371 (Cal. Ct. App. 2022)
Employee Who Left Work To Care For Ill Relative Did Not Quit Her Employment And Was Eligible For Unemployment Benefits
Johar v. CUIAB, 2022 WL 4139848 (Cal. Ct. App. 2022)
October 2022