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Rich v. Shrader
Dismissal of Employee Retirement Income Security Act claims against former employer affirmed where stock rights plan does not qualify as plan under the Act.
Employment Law May 24, 2016
CRST Van Expedited Inc. v. Equal Employment Opportunity Commission
Employer is 'prevailing party' for purposes of Title VII's fee-shifting provision even if it obtained ruling that was not on the merits.
Employment Law May 20, 2016
Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership
Summary judgment in employer's favor upheld where its rounding policy regarding employees' timekeeping comports with federal rounding regulation.
Employment Law May 3, 2016
Rodriguez v. E.M.E. Inc.
In wage and hour class action, dispute regarding practicability of employer's combined rest break schedule precludes summary adjudication of employee's rest break claim.
Employment Law Apr. 26, 2016
Davis v. Farmers Insurance Exchange
Trial court erroneously grants directed verdict in employer's favor where former employee presented sufficient evidence to allow wage claim to go to the jury.
Employment Law Apr. 25, 2016
Estate of Barton v. ADT Security Services Pension Plan
Court incorrectly places burden of proof on claimant seeking pension benefits, rather than on employer, regarding key information about corporate structure and hours worked.
Employment Law Apr. 22, 2016
Kilby v. CVS Pharmacy Inc.
California Supreme Court clarifies when employers must provide employees a seat, settling Industrial Welfare Commission's seating provisions.
Employment Law Apr. 5, 2016
Baltazar v. Forever 21 Inc.
Provisional relief clause in arbitration agreement does not render agreement unconscionable where clause merely confirmed parties' undisputed statutory rights.
Employment Law Mar. 29, 2016
Davis v. Farmers Insurance Exchange
Trial court erroneously grants directed verdict in employer's favor where former employee presented sufficient evidence to allow wage claim to go to the jury.
Employment Law Mar. 29, 2016
State of Arizona ex rel. Horne v. The Geo Group Inc.
EEOC and Arizona Civil Rights Division successfully reinstate dismissed claims relating to harassment and discrimination of female corrections officers.
Employment Law Mar. 15, 2016
Astorga v. Retirement Board of the Santa Barbara County Employees Retirement System
County worker fails to challenge retirement board's determination of effective date of her disability retirement pursuant to bright-line rule in 'Katosh.'
Employment Law Mar. 3, 2016
Carbajal v. CWPSC Inc.
Employer unsuccessful in overturning denial of motion to compel arbitration of wage and hour claims where court correctly holds that arbitration provision is unconscionable.
Employment Law Mar. 1, 2016
Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
Fiduciary of employee benefits plan cannot bring suit to attach participant's general assets under Section 502(a)(3) of ERISA when participant dissipates settlement on nontraceable items.
Employment Law Jan. 21, 2016
Prue v. Brady Co./San Diego Inc.
Summary judgment improper where employee timely and sufficiently alleged cause of action for common law wrongful discharge in violation of public policy stemming from work-related injury discrimination.
Employment Law Dec. 14, 2015
California Dept. of Justice v. Board of Administration of California Public Employees’ Retirement System (Resendrez)
DOJ must reinstate peace officer without conditions after CalPERS determined she was no longer incapacitated and was, therefore, eligible for reinstatement.
Employment Law Nov. 16, 2015
Jumaane v. City of Los Angeles
Los Angeles Firefighter's race discrimination, harassment, and retaliation case against the City overturned following $1 million jury verdict.
Employment Law Nov. 11, 2015
U.S. Equal Employment Opportunity Commission v. McLane Co. Inc.
EEOC may obtain pedigree information of test takers where such information could shed light on sex discrimination allegations.
Employment Law Oct. 28, 2015
Miranda v. Anderson Enterprises
'Death knell' doctrine, an exception to one final judgment rule, applies to representative PAGA claims just as they do to class claims.
Employment Law Oct. 19, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Oct. 15, 2015
Negron v. Los Angeles County Civ. Serv. Comm.
'Negron' does not preclude Sheriff's Department from disciplining member for violating state laws while said member was on relieved-of-duty status.
Employment Law Oct. 1, 2015
Sakkab v. Luxottica Retail N. Am.
FAA does not preempt Cal. law holding pre-dispute agreements waiving PAGA claims unenforceable because law is generally applicable, preserved under the FAA's savings clause, and does not conflict with the FAA's purpose.
Employment Law Sep. 29, 2015
OTET v. Hillsboro Garbage Disposal
Dismissal proper where common law breach of contract claims are preempted by Employee Retirement Income Security Act.
Employment Law Sep. 9, 2015
Park v. Board of Trustees of the California State University
Trial court errs in denying University's special motion to strike former employee's discrimination claim, the thrust of which was based on protected activity.
Employment Law Sep. 3, 2015
Park v. Board of Trustees of the California State University
Trial court errs in denying University's special motion to strike former employee's discrimination claim, the thrust of which was based on protected activity.
Employment Law Aug. 31, 2015
Barboza v. Cal. Ass'n of Prof. Firefighters
Firefighters' long-term disability plan meets the requirements for a trust under 29 U.S.C. § 1103(a), though not expressly described as such.
Employment Law Aug. 31, 2015
Carlson v. Home Team Pest Defense Inc.
Worker does not have to arbitrate wrongful termination action against former employee under unenforceable arbitration agreement that was both procedurally and substantively unconscionable.
Employment Law Aug. 18, 2015
Brennan v. Opus Bank
Arbitrator, not court should decide issues of arbitrability where parties clearly and unmistakably agree to arbitration rules that delegated issues of arbitrability to arbitrator.
Employment Law Aug. 12, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Aug. 3, 2015
Safeway Inc. v. Superior Court (Enrique Esparza et al.)
Supermarkets' petition for writ of mandate denied where class certification is based on practice of never paying premium wages for missed meal breaks when required.
Employment Law Jul. 22, 2015
Pinela v. Neiman Marcus Group Inc.
Former employee's claims against Neiman Marcus will proceed in court because delegation clause and arbitration agreement are unconscionable and unenforceable under California law.
Employment Law Jun. 30, 2015