California Employment Law Notes

California Employment Law Notes - May 2026
Paknad v. Superior Court, 119 Cal. App. 5th 1256 (2026)
 
Employer Is Not Presumed To Infer Employee’s Undisclosed Mental Disability
Husband v. Target Corp., 2026 WL 1430244 (Cal. Ct. App. 2026)
 
Title VII Accommodation May Cause Non-Monetary “Undue Hardship” To Employer
Williams v. Legacy Health, 2026 WL 1239760 (9th Cir. 2026)
 
Law Firm Should Have Been Disqualified From Case After Reviewing Privileged Emails
Guardian Storage Centers, LLC v. Simpson, 119 Cal. App. 5th 509 (2026)
 
Nursing Student Could Sue Under FEHA, Deficient Attorney Declaration Should Have Been Excused
Walton v. Victor Valley Cmty. Coll. Dist., 119 Cal. App. 5th 1164 (2026)
 
District Court Should Have Enforced Individualized Arbitration Agreements
O’Dell v. Aya Healthcare Servs., Inc., 171 F.4th 1173 (9th Cir. 2026)
 
Arbitration Agreement Was Not Substantively Unconscionable
Santana v. Studebaker Health Care Ctr., LLC, 120 Cal. App. 5th 1 (2026)
 
Certification Of Class Action Should Not Have Been Denied On Grounds Of Atypicality Of Claims
Martinez v. Sierra Lifestar, Inc., 119 Cal. App. 5th 1303 (2026)
 
Employee Who Settled Qui Tam Action Receives Interest On Attorneys’ Fees From Time Of Entry Of Order
Thrower v. Academy Mortg. Corp., 172 F.4th 703 (9th Cir. 2026)

on May 2026

Variety Features Robert Freeman and Anthony Oncidi in 2026 Legal Impact Report

on April 8, 2026

The Largest Thermonuclear Verdicts in 2026 So Far

Partner Tony Oncidi shares insight on the recent uptick in nuclear and thermonuclear verdicts in California.

From P&C Specialist on April 2, 2026

California Employment Law Notes

“Nearly Unreadable” Arbitration Agreement May Be Unconscionable
Fuentes v. Empire Nissan, Inc., 19 Cal. 5th 93 (2026)
 
Employer’s Roll Out Of Arbitration Agreement During Class Action Litigation Was Ineffective
Avery v. TEKsystems, Inc., 165 F.4th 1219 (9th Cir. 2026)
 
Unsuccessful PAGA Claimant Was Properly Denied Standing in Civil Action
Sorokunov v. NetApp, Inc., 2026 WL 590943 (Cal. Ct. App. 2026)
 
Resident Property Manager Was Properly Compelled to Vacate Premises Upon Termination of Employment
De Paolo v. Rosales, 118 Cal. App. 5th Supp. 1 (2026)
 
Employer That Violates Consumer Reporting Act Is Liable For at Least $10,000 per Violation
Parsonage v. Wal-Mart Assocs., Inc., 118 Cal. App. 5th 399 (2026)
 
Cambodian Villagers Could Proceed With Human Trafficking Lawsuit
Ratha v. Rubicon Resources, LLC, 168 F.4th 541 (9th Cir. 2026) (en banc)

on March 2026

The Horror Continues: California’s Big “Nuclear Verdicts” Just Keep Coming!

From California Employment Law Update on March 13, 2026

All-In #MeToo Law Ruling Could Prove Durable in Absence of Split

Partner Anthony Oncidi discusses the Sixth Circuit’s ruling interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

From Bloomberg Law on March 4, 2026

Another “Nuclear” Verdict Against A California Employer — $52 Million!

From California Employment Law Update on February 5, 2026

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act: Four Years Fraught with Confusion and Litigation

From California Employment Law Update on January 29, 2026

If it’s Tuesday, There’s a New California Regulation for That – This Time Against Venture Capital Firms!

From California Employment Law Update on January 22, 2026

California Employment Law Notes

Sexual Orientation Harassment Claim is Immune From Arbitration Under the EFAA
Quilala v. Securitas Sec. Servs. USA, Inc., 2025 WL 3639429 (Cal. Ct. App. 2025)
 
Employee’s “Misinterpretation” of the Law Did Not Preclude Recovery on Whistleblower Claim
Contreras v. Green Thumb Produce, Inc., 116 Cal. App. 5th 1251 (2025)
 
Plaintiffs Barred From Proceeding Pseudonymously
Roe v. Smith, 116 Cal. App. 5th 227 (2025)
 
Three-Year Workplace Violence Restraining Order is Upheld
County of Los Angeles v. Niblett, 116 Cal. App. 5th 454 (2025)
 
Case Was Properly Dismissed Under 5-1/2 Year Rule
Randolph v. Trustees of the Cal. State Univ., 2025 WL 3763384 (Cal. Ct. App. 2025)
 
Salvation Army Workers May Have Been Volunteers Exempt From Wage/Hour Laws
Spilman v. The Salvation Army, 2026 WL 35953 (Cal. Ct. App. 2026)
 
Lower Court Erred in Calculating Unpaid Wages and Assessing Manager’s Liability
Iloff v. LaPaille, 2025 WL 3718335 (Cal. Ct. App. 2025)
 
Strip Club Dancer Could Proceed With FLSA Retaliation Claim
Hollis v. R&R Restaurants, Inc., 159 F.4th 677 (9th Cir. 2025)
 
Employees Who Rescind Individual Settlement Agreements Might Have to Repay Compensation Received
The Merchant of Tennis, Inc. v. Superior Court, 2026 WL 102728 (Cal. Ct. App. 2026)
 
Employer Waived Arbitration by Litigating in Court For More Than Four Years
Sierra Pac. Industries Wage & Hour Cases, 116 Cal. App. 5th 1038 (2025)
 
Motion to Compel Arbitration Was Improperly Denied
Wise v. Tesla Motors, Inc., 2025 WL 3707196 (Cal. Ct. App. 2025)
 
Arbitrator’s Error in Awarding Attorney’s Fees Did Not Warrant Vacatur
VIP Mortg. Inc. v. Gates, 162 F.4th 1010 (9th Cir. 2025)
 
Miscellaneous PAGA Developments

on January 2026