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Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone)
Trial court errs in denying motion to dismiss wage-and-hour class action allegations where arbitration agreement was enforceable and did not authorize class arbitration.
Employment Law Apr. 25, 2012
Donovan v. Dan Murphy Foundation
Order granting anti-SLAPP motion is improper because gravamen of plaintiff’s complaint alleging wrongful removal from foundation's board did not implicate protected activity.
Employment Law Apr. 18, 2012
Thornton v. California Unemployment Insurance Appeals Board
Public employee is not entitled to reimbursement for attorney fees from public employer where employee only incurred expenses during prelitgiation investigation.
Employment Law Apr. 17, 2012
Henry M. Lee Law Corp. v. Superior Court (Chang)
Attorney, not client, is entitled to attorney fees awarded under Labor Code provisions allowing employees to recover attorney fees from employers.
Employment Law Apr. 16, 2012
Brinker Restaurant Corp. v. Superior Court (Hohnbaum)
Although employers must relieve employees of all duties during meal periods, employers are not required to ensure that no work is done.
Employment Law Apr. 12, 2012
Grey v. American Management Services
Arbitration award is invalid because employment contract was final expression of parties’ agreement and superseded Issue Resolution Agreement containing broad arbitration provision.
Employment Law Mar. 29, 2012
Rehmani v. Superior Court (Ericsson Inc.)
Claims of workplace harassment based on national origin and religion survive summary judgment where issues exist as to whether employer failed to prevent harassment.
Employment Law Mar. 29, 2012
Baker v. Mulholland Security and Patrol Inc.
Expert witness fees may not be awarded to prevailing Fair Employment and Housing Act defendant unless plaintiff’s claim is frivolous.
Employment Law Mar. 28, 2012
Coleman v. Court of Appeals
Sovereign immunity bars suits against states for damages under Family and Medical Leave Act’s self-care provision because there is no evidence of discrimination.
Employment Law Mar. 20, 2012
Skinner v. Northrop Grumman Retirement Plan B
Terms of retirement plan’s master documents need not be reformed to be consistent with summary plan description where plan participants did not show fraud or mistake.
Employment Law Mar. 18, 2012
Cate v. California State Personnel Board (Norton)
Trial court properly finds that agency erred in holding that Dept. of Corrections and Rehabilitation failed to prove employee told inmate to commit suicide.
Employment Law Mar. 14, 2012
Brown v. County of Los Angeles
Clinical psychologist does not fall within exemption from licensure requirement where she admittedly provided direct mental health services.
Employment Law Mar. 1, 2012
Mayers v. Volt Management Corp.
Arbitration provisions within employment agreement and application are unconscionable and unenforceable because employer failed to provide employee with copy of controlling rules.
Employment Law Feb. 28, 2012
Thurman v. Bayshore Transit Management Inc.
Portion of recovery for missed meal periods is improper where court allowed plaintiff to avoid judicial admission that defendants eventually began providing meal breaks.
Employment Law Feb. 27, 2012
Barber v. California Dept. of Corrections and Rehabilitation
Former public officer does not retain right to review personnel files under Public Safety Officers Procedural Bill of Rights Act after his termination.
Employment Law Feb. 16, 2012
Ruiz v. Affinity Logistics Corp.
In determining whether individuals were employees or independent contractors, court errs in applying parties' Georgia choice of law provision in employment agreement.
Employment Law Feb. 9, 2012
Neves v. California Dept. of Corrections and Rehabilitation
Notice advising correctional officer of recommended penalty does not trigger 30-day notice, which Dept. was required to give prior to imposing discipline.
Employment Law Feb. 2, 2012
Muldrow v. Surrex Solutions Corp.
Employment recruiters, who received portion of revenue that their employer earned from successful placements, are exempt from overtime pay.
Employment Law Jan. 25, 2012
Leeson v. Transamerica Disability Income Plan
Former employee's colorable claim, alleging that he had been long-term disability income plan participant, is enough to establish federal subject matter jurisdiction.
Employment Law Jan. 24, 2012
Joaquin v. City of Los Angeles
Employee fails to introduce substantial evidence of retaliatory intent following termination due to false charges of sexual harassment against supervisor.
Employment Law Jan. 24, 2012
LaGrone v. City of Oakland
Port's unilateral decision to rename job description does not disqualify employee from transferring to city position with same classification.
Employment Law Jan. 13, 2012
Shelley v. Geren
Summary judgment in age discrimination claim is improper where employee presented prima facie case and evidence of pretext sufficient to create material dispute.
Employment Law Jan. 13, 2012
Mize-Kurzman v. Marin Community College District
California whistleblower statutes do not include federally-based limitation requiring plaintiff to prove that disclosure was for public good, rather than personal reasons.
Employment Law Jan. 12, 2012
Arnold v. Mutual of Omaha Insurance Co.
Nonexclusive insurance agent is not entitled to employee benefits because no employer-employee relationship exists if agent is not monitored or supervised.
Employment Law Jan. 4, 2012
Harris v. Superior Court (Liberty Mutual Insurance Co.)
In determining whether certain insurance claims adjusters are exempt employees, not entitled to overtime pay, court improperly relies on administrative/production worker dichotomy.
Employment Law Dec. 30, 2011
Robinson v. City of Chowchilla
City violates Public Safety Officers Procedural Bill of Rights Act by removing police chief absent notice, statement of reasons, and opportunity for appeal.
Employment Law Dec. 27, 2011
Aleman v. AirTouch Cellular
Prevailing employer may not recover attorney fees where split shift compensation claim fell within minimum wage regulation allowing one-way fee shifting rule.
Employment Law Dec. 22, 2011
Cordero-Sacks v. Housing Authority of the City of Los Angeles
Governmental entity employer may be liable under False Claims Act for retaliatory discharge of employee following her assistance in investigation of false claim.
Employment Law Dec. 16, 2011
Sullivan v. Oracle Corp.
Application of overtime provisions in California Labor Code to work performed in California by out-of-state plaintiffs does not violate Due Process Clause or Dormant Commerce Clause.
Employment Law Dec. 14, 2011
Henry v. Red Hill Evangelical Lutheran Church of Tustin
Religious association is not liable for wrongful termination where employee’s termination was due to violation of church precept.
Employment Law Dec. 13, 2011