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United Parcel Service v. Superior Court (Allen)
Employer must make separate payments to employees for failure to provide meal periods and for failure to provide rest periods.
Employment Law Feb. 17, 2011
Christopher v. SmithKline Beecham Corp.
Sales representatives, who promote prescription drugs to physicians on behalf of pharmaceutical company, are properly classified as ‘outside salesmen’ and exempt from overtime pay.
Employment Law Feb. 15, 2011
Arechiga v. Dolores Press Inc.
Janitor who entered into explicit mutual wage agreement with employer cannot seek payment for overtime wages when salary covered overtime work.
Employment Law Feb. 8, 2011
Trovato v. Beckman Coulter Inc.
Absent evidence of continuing unlawful conduct after lapse of statute of limitations, complaint for retaliation filed after limitations period is barred.
Employment Law Jan. 31, 2011
Heritage Residential Care Inc. v. Division of Labor Standards Enforcement
Penalties are properly assessed against employer where failure to issue itemized wage statements to employees was not inadvertent, but intentional.
Employment Law Jan. 27, 2011
County of Orange v. Association of Orange County Deputy Sheriffs
Enhanced retirement changes made to public employee’s pension, which are applied retroactively, do not constitute extra compensation in violation of state constitution.
Employment Law Jan. 27, 2011
Thompson v. North American Stainless LP
Plaintiff has standing under Civil Rights Act Title VII for unlawful retaliation where termination was based on fiancée’s sexual discrimination charge against employer.
Employment Law Jan. 25, 2011
Cortez v. Abich
Extensive home remodeling is not within statutory exception of ‘household domestic service,’ which would allow defendants to escape liability for employee’s injury.
Employment Law Jan. 25, 2011
Collins v. Gee West Seattle LLC
Employees’ departure due to company closing down is consequence of shutdown, rather than 'voluntary,' and is considered 'loss of employment.'
Employment Law Jan. 24, 2011
Clairmont v. Sound Mental Health
Employee of court's independent contractor sufficiently states retaliation claim based on termination after giving subpoenaed testimony.
Employment Law Jan. 20, 2011
Home Depot U.S.A. Inc. v. Superior Court (Harris)
Employer’s failure to provide seats where work conditions allow for accommodation violates Labor Code and entitles plaintiff to civil penalties.
Employment Law Jan. 11, 2011
Hendrix v. Superior Court
Official court reporters are not entitled to higher compensation rate when directed to recreate previously transcribed transcripts.
Employment Law Jan. 11, 2011
Dawson v. Entek International
Close proximity in time between employee’s exercise of protected activity and termination creates prima facie case for retaliation claim.
Employment Law Jan. 10, 2011
Munoz v. Mabus
Court does not have jurisdiction over breach of settlement agreement claim arising out of adverse decision from Equal Employment Opportunity Commission.
Employment Law Dec. 27, 2010
Sheppard v. North Orange County Regional Occupational Program
Minimum wage provision under Industrial Welfare Commission’s wage order applies to public employees where order contains express exemption from general inapplicability rule.
Employment Law Dec. 26, 2010
Home Depot U.S.A. Inc. v. Superior Court (Harris)
Employer’s failure to provide seats where work conditions allow for accommodation violates Labor Code and entitles plaintiff to civil penalties.
Employment Law Dec. 22, 2010
Azusa Land Partners v. Dept. of Industrial Relations
Construction of public facilities paid with bonds pursuant to contract between city and developer constitutes ‘public work’ subject to prevailing wage laws.
Employment Law Dec. 21, 2010
Turman v. Turning Point of Central California
Employer must take corrective action to alleviate hostile work environment even if harassment by prisoners was inherently part of victim’s job.
Employment Law Dec. 21, 2010
Daniels-Hall v. National Education Association
Public labor employee union does not establish or maintain employee pension benefit plan under ERISA by endorsing certain tax sheltered annuities.
Employment Law Dec. 20, 2010
Futrell v. Payday California Inc.
Payroll processing company operating is not plaintiff's employer for purposes of alleged Labor Code and Fair Labor Standards Act violations.
Employment Law Dec. 16, 2010
Knox v. California State Employees Association
Union properly notifies nonmembers of estimated fees based on previous year’s spending and is not required to send additional notice of temporary increase.
Employment Law Dec. 12, 2010
Rosas v. The Corp. of the Catholic Archbishop of Seattle
Plaintiff who entered seminary to become priest and performed duties to prepare for ordination is 'minister’ for purpose of ministerial exception to employment laws.
Employment Law Dec. 12, 2010
Taylor v. United Parcel Service Inc.
Employee who performed non-manual managerial duties is exempt from overtime pay and related benefits.
Employment Law Dec. 9, 2010
Coppinger-Martin v. Solis
Statute of limitations on employee’s whistleblower protection claim under Sarbanes-Oxley Act of 2002 begins when employee knows of actual injury or retains counsel.
Employment Law Nov. 30, 2010
Gordon v. City of Oakland
City does not violate minimum wage provisions of Fair Labor Standards Act by requiring employee to reimburse it for training costs after resigning.
Employment Law Nov. 21, 2010
Pineda v. Bank of America N.A.
Three-year statute of limitations applies when employee only seeks penalties for failure to timely pay final wages under Labor Code Section 203.
Employment Law Nov. 18, 2010
Bright v. 99 Cents Only Stores
Violation of wage order requiring suitable seating is violation of Labor Code Section 1198 for which civil penalties are available.
Employment Law Nov. 14, 2010
Stiefel v. Betchel Corp.
Plaintiff's discrimination claim fails where he did not show reasonable belief that employer was so biased that resort to hiring procedures would have been futile.
Employment Law Nov. 1, 2010
McCaskey v. California State Automobile Association
Summary judgment is improper where interpretation of employment contract involves question of material fact as to employer’s right to unilaterally terminate employment policy.
Employment Law Oct. 31, 2010
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks.
Employment Law Oct. 28, 2010