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Name Category Published
Vaughn v. Bay Environmental Management Inc.
Former employee who received full distribution of account balance under defined contribution plan has standing to file suit as participant under ERISA. 		Employment Law Jun. 4, 2009
Chau v. Starbucks Corp.
Starbucks Corporation shift supervisors working on service team with baristas are entitled to portion of collective tip. 		Employment Law Jun. 3, 2009
CSX Transportation Inc. v. Hensley
Court errs by failing to instruct jury that plaintiff's 'fear of cancer' must be 'genuine and serious.' 		Employment Law Jun. 1, 2009
Sonic-Calabasas A, Inc. v. Moreno
Arbitration agreement's 'Berman waiver' precluding administrative wage claim seeking vacation pay enforceable as loss of statutory protections impossible to predict. 		Employment Law May 31, 2009
Knappenberger v. City of Phoenix
Constructive discharge claim fails where employee chose to retire prior to anticipated termination due to allegations of sexual harassment. 		Employment Law May 26, 2009
Browning v. United States of America
District court's refusal to give proposed pretexual instruction is not reversible error where instructions set forth essential elements of claim. 		Employment Law May 25, 2009
Poore v. Simpson Paper Co.
Summary judgment reversed where facts existed to claim that medical coverage survived expiration of collective bargaining agreement. 		Employment Law May 21, 2009
Nichols v. Dancer
Patronage dismissal doctrine does not protect employee termination based on personal rather than political loyalty. 		Employment Law May 19, 2009
Riverside Sheriffs' Association v. County of Riverside
County employee is entitled to appeal each employment action where termination was for cause and based on involuntary disability. 		Employment Law May 19, 2009
AT&T Corp. v. Hulteen
Seniority based pension plan not discriminatory where less service credit given for pregnancy leave than for general medical leave. 		Employment Law May 18, 2009
Munroe v. Los Angeles County Civil Service Commission (Los Angeles County Dept. of Public Works)
Court errs in granting writ of mandamus requiring hearing for county employee's termination where agency's decision was not abuse of discretion. 		Employment Law May 14, 2009
Scotch v. Art Institute of California-Orange County Inc.
No discrimination found where employer's reason for adverse employment decision was based on failure to obtain graduate degree and decreased enrollment. 		Employment Law May 7, 2009
State of Alaska v. EEOC
Government Employee Rights Act validly abrogates state's sovereign immunity for claims of pay discrimination, sexual harassment, and retaliation. 		Employment Law May 4, 2009
Bova v. City of Medford
Public employees' claims based on discontinuation of insurance after retirement deemed unripe where employees have not yet retired. 		Employment Law May 4, 2009
Flores v. Axxis Network & Telecommunications Inc.
Arbitration provision in agreement does not mandate arbitration of statutory wage claims where intent to arbitrate was not 'unmistakably clear.' 		Employment Law May 3, 2009
Johnson v. United Cerebral Palsy/Spastic Children's Foundation of Los Angeles and Ventura Counties
Contested declarations are admissible and constitute substantial circumstantial evidence that is sufficient to raise triable issues of material fact. 		Employment Law May 3, 2009
Dyer v. Cenex Harvest States Cooperative
Successful workers' compensation claimant is entitled to pre- and post-controversion attorney fees under Longshore and Harbor Workers' Compensation Act. 		Employment Law May 3, 2009
State Building and Construction Trades Council of California AFL-CIO v. City of Vista
Charter city's construction of municipal projects is not 'matter of statewide concern' subject to prevailing wage law. 		Employment Law Apr. 29, 2009
Olvera v. El Pollo Loco, Inc.
El Pollo Loco Inc.'s arbitration clause deemed unenforceable due to procedural and substantive unconscionability. 		Employment Law Apr. 28, 2009
Gomez v. Lincare Inc.
Summary judgment is improper where employer could not present conclusive evidence of exempt-status of drivers. 		Employment Law Apr. 28, 2009
International Brotherhood of Electrical Workers, Local 32, AFL-CIO v. National Labor Relations Board
Failure to negotiate merger effects does not warrant retroactive bargaining or back pay as employees retained jobs with full pay and benefits. 		Employment Law Apr. 20, 2009
Tarkington v. California Unemployment Insurance Appeals Board (Albertson's Inc.)
Equitable tolling allowed where filing of first action provided timely notice and second action merely separated claims against different employers. 		Employment Law Apr. 14, 2009
Phillips v. TLC Plumbing Inc.
Company does not owe duty of care to daughter of murder victim where former employee killed victim. 		Employment Law Apr. 6, 2009
Etheridge v. Reins International California Inc.
Mandatory tip pool requiring tip distribution to dishwashers, kitchen staff, and bartenders does not violate Labor Code Section 351. 		Employment Law Mar. 31, 2009
Harger v. Department of Labor
Sovereign immunity not waived under APA Section 702 where attorney sought equitable lien for attorney fees. 		Employment Law Mar. 30, 2009
Naranjo v. Spectrum Security Services Inc.
McNamara-O’Hara Service Contract Act of 1965 does not preempt employee’s California Labor Code claims. 		Employment Law Mar. 25, 2009
Paulsen v. CNF Inc.
Plaintiffs may assert professional negligence against company providing actuarial service for benefits plan spinoff. 		Employment Law Mar. 23, 2009
Franco v. Athens Disposal Co. Inc.
Class arbitration waiver is unconscionable due to modest size of recovery, potential for retaliation, and unawareness of rights. 		Employment Law Mar. 20, 2009
Lloyd v. County of Los Angeles
County employee is not required to petition for hearing prior to filing suit for retaliation based on whistleblower activity. 		Employment Law Mar. 20, 2009
Hildebrandt v. St. Helena Unified School District
Part-time school psychologists of greater seniority cannot displace full-time employee with less seniority during layoffs. 		Employment Law Mar. 20, 2009
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