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Bradley v. California Dept. of Corrections and Rehabilitation
Individual who works for state agency pursuant to state contract with third-party is state employee for purposes of Fair Employment and Housing Act.
Employment Law Jan. 22, 2008
Weber v. Dept. of Veterans Affairs
Where Veterans Medical Center is federal agency, plaintiff wanting to sue for back pay must show specific authorization waving sovereign immunity.
Employment Law Jan. 16, 2008
Fichman v. Media Center
Directors and producers of nonprofit organization are not considered employees within meaning of Age Discrimination in Employment Act and Americans with Disabilities Act.
Employment Law Jan. 15, 2008
Saffon v. Wells Fargo & Co. Long Term Disability Plan
Where long-term disability plan is administered and funded by same entity, court must discount deference accorded to administrator’s decision to deny benefits.
Employment Law Jan. 10, 2008
NLRB v. Friendly Cab Co.
Taxicab drivers denied ability to pursue entrepreneurial opportunities and subjected to considerable control by cab company are ‘employees’ under National Labor Relations Act.
Employment Law Jan. 9, 2008
Norton v. San Bernardino City Unified School District
Trial court erred when it did not clearly state whether or not plaintiff had been reinstated to former position, creating internal inconsistency.
Employment Law Jan. 8, 2008
Bernard v. State Farm Mutual Automobile Insurance Co.
Termination-notice and termination-review provisions in agency agreement created at-will employment relationship, precluding employee from pursing breach of contract claim arising from his termination.
Employment Law Dec. 24, 2007
National Treasury Employees Union v. Federal Labor Relations Authority
Petition for review is denied based on 'National Treasury Employees Union v. Federal Labor Relations Authority.'
Employment Law Dec. 20, 2007
Perez v. Uline Inc.
Military reservist’s rights under Uniformed Services Employment and Reemployment Rights Act may not be waived by severance agreement.
Employment Law Dec. 9, 2007
Prentice v. Board of Administration, PERS
Limitations in calculating public employee's retirement allowances exclude from consideration payments not available to similarly situated employees.
Employment Law Dec. 9, 2007
Wysinger v. Automobile Club of Southern California
Jury findings that employer failed to engage in interactive process but provided disabled employee accommodation are consistent.
Employment Law Dec. 2, 2007
McCoy v. Superior Court (Kimco Staffing Services Inc.)
General one-year statute of limitations applies to actions that seek waiting time penalties for belatedly paid final wages, but not back wages.
Employment Law Nov. 28, 2007
Mokler v. County of Orange
Derogatory comments made in three instances over five-week period does not establish pattern of continuous, pervasive harassment giving rise to abusive work environment.
Employment Law Nov. 26, 2007
Ortega v. Contra Costa Community College District
Employee’s utilization of grievance procedure created by collective bargaining agreement does not bar him from pursuing judicial relief.
Employment Law Nov. 12, 2007
State of Alaska v. EEOC
Eleventh Amendment bars employment discrimination suit brought by policymaking assistants terminated from Governor's Office under Government Employee Rights Act.
Employment Law Nov. 8, 2007
Reid v. Google Inc.
Google's termination of 54-year-old for not being 'cultural fit' supports claims of age discrimination, but not unfair hiring and promotion.
Employment Law Nov. 4, 2007
San Jose Construction Inc. v. S.B.C.C. Inc.
Triable issue exists to determine whether documents containing information compiled through time consuming process by employer and taken by former employee constitutes trade secret.
Employment Law Oct. 15, 2007
Roden v. AmerisourceBergen Corp.
Court may interpret and review scope of prior judgment awarding retirement benefits to employee pursuant to employment contract, but may not calculate benefit amount.
Employment Law Oct. 15, 2007
Shane v. Albertson's Inc.
Improper delegation of discretionary authority prompts court's 'de novo' review of decision to terminate benefits under plan effective at time disability commenced.
Employment Law Oct. 15, 2007
Miller v. Rite Aid Corp.
State law claims are not pre-empted where alleged beneficiaries are not participants in ERISA plan.
Employment Law Oct. 11, 2007
Reid v. Google Inc.
Google's termination of 54-year-old for not being 'cultural fit' supports claims of age discrimination, but not unfair hiring and promotion.
Employment Law Oct. 7, 2007
Sumuel v. Advo Inc.
Bona fide disability plan deducting salary on first day of leave does not violate 'salary basis test' exempting employees from overtime payments.
Employment Law Oct. 2, 2007
Ramanathan v. Bank of America
National Bank Act does not preempt discrimination claims of 'vice president' whom bank fails to show is 'officer' of bank.
Employment Law Oct. 1, 2007
Washington v. Bert Bell/Pete Rozelle NFL Player Retirement Plan
Retirement Board did not breach its fiduciary duty by failing to disclose case law bearing on old NFL player retirement plan.
Employment Law Sep. 23, 2007
Bader v. Northern Line Layers Inc.
Notice of mass layoff is not required under WARN Act where remote construction sites do not qualify as 'single site of employment'.
Employment Law Sep. 10, 2007
Holland v. Union Pacific Railroad Co.
Bipolar machinist's tardy administrative complaint is excused by Dept. of Fair Employment and Housing's failure to accurately advise him of deadline.
Employment Law Aug. 29, 2007
Prachasaisoradej v. Ralphs Grocery Co. Inc.
Supermarket chain’s employee profit-sharing plan does not violate California wage-protection laws by deducting certain employee costs in determining individual store’s profits.
Employment Law Aug. 24, 2007
Harris v. Superior Court (Liberty Mutual Insurance Co.)
Insurance claims adjusters are not exempt from overtime compensation because they are production workers, performing day-to-day operations of insurance companies.
Employment Law Aug. 19, 2007
Lewis v. Astrue
Substantial evidence supports administrative law judge's decision that man is not disabled for purposes of supplemental security income.
Employment Law Aug. 16, 2007
Craig v. M&O Agencies Inc.
Employer vicariously liable for supervisor's sexual harassment where employee's delay in reporting did not constitute 'failure to take advantage of preventive opportunities.'
Employment Law Aug. 9, 2007