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Blankenship v. Liberty Life Assurance Co. of Boston
Beneficiary's disability benefits should not be reduced by amount of retirement benefits transferred directly into his Individual Retirement Account.
Employment Law May 18, 2007
Opeta v. Northwest Airlines Pension Plan for Contract Employees
Court abuses its discretion by admitting unnecessary extrinsic evidence in its determination of employee's eligibility to receive disability pension benefits.
Employment Law May 11, 2007
Faust v. California Portland Cement Co.
Employee provides sufficient information to inform employer of need for medical leave under California Family Rights Act.
Employment Law May 11, 2007
Massachi v. Astrue
Administrative law judge may not rely on vocational expert's testimony regarding job requirements without inquiring whether testimony conflicts with 'Dictionary of Occupational Titles'.
Employment Law May 11, 2007
Malais v. Los Angeles City Fire Dept.
Amputee firefighter Captain assigned to less than ideal job position by itself does not constitute adverse employment action.
Employment Law Apr. 30, 2007
Gambini v. Total Renal Care Inc.
Jury may properly find violation of Washington discrimination law if it determines employer's adverse employment decision was motivated, even in part, by employee's disability.
Employment Law Apr. 24, 2007
Detabali v. St. Luke's Hospital
Hospital nurse's FEHA discrimination claims are not pre-empted by Labor Management Relations Act.
Employment Law Apr. 19, 2007
Giuliano v. Inland Empire Personnel Inc.
Employee's contract claim for bonus and severance pay should be arbitrated pursuant to his employment agreement under Federal Arbitration Act.
Employment Law Apr. 19, 2007
On-Line Power Inc. v. Mazur
Under Labor Code, salaried executive employee may recover attorney fees incurred in cause of action for nonpayment of wages.
Employment Law Apr. 17, 2007
Paolini v. Albertson's Inc.
Stock options do not constitute wages under Idaho state law.
Employment Law Apr. 13, 2007
Kolender v. San Diego County Civil Service Commission (Gant)
Penalty imposed against sheriff's office employee is improperly reduced where she made inmate sentencing errors.
Employment Law Apr. 6, 2007
Miller v. Farmers Insurance Exchange
Claims adjusters who filed class action lawsuit for overtime wages against employer were exempt from Fair Labor Standards Act.
Employment Law Apr. 3, 2007
Taylor v. City of Los Angeles Dept. of Water and Power
In action against municipal employer, employee sufficiently stated cause of action for retaliation under both materiality and deterrence tests.
Employment Law Mar. 28, 2007
Freitag v. Ayers
Dept. of Corrections is liable for prison officials' failure to correct hostile work environment caused by male prisoners' harassment of female guards.
Employment Law Mar. 21, 2007
Carter v. Escondido Union High School District
School district's decision to terminate teacher was not prohibited by law or contrary to well-established public policy.
Employment Law Mar. 21, 2007
Cohen v. Health Net of California Inc.
ERISA preempts employee's claims against health care provider.
Employment Law Mar. 21, 2007
Engquist v. Oregon Dept. of Agriculture
Former employee's class-of-one equal protection claim is inapplicable to public employer, and her substantive due process claim fails except in extreme cases.
Employment Law Mar. 20, 2007
Gambini v. Total Renal Care Inc.
Jury may properly find violation of Washington discrimination law if it determines employer's adverse employment decision was motivated, even in part, by employee's disability.
Employment Law Mar. 16, 2007
Walton v. U.S. Marshals Service
Plaintiff's claim of unlawful discharge due to hearing impairment fails where she is not deemed person with disability.
Employment Law Mar. 14, 2007
Jones v. The Lodge at Torrey Pines Partnership
Court improperly grants defendants' motions for judgment notwithstanding verdict where evidence was sufficient to support finding of adverse employment action.
Employment Law Mar. 14, 2007
Jones v. The Lodge at Torrey Pines Partnership
Court improperly grants defendants' motions for judgment notwithstanding verdict where evidence was sufficient to support finding of adverse employment action.
Employment Law Mar. 14, 2007
Konig v. U-Haul Co. of California
Plaintiff challenging class action waiver must prove substantive unconscionability of that provision by establishing that only small amounts of individual damages are involved.
Employment Law Mar. 8, 2007
Davis v. WCAB
Revision of workers' compensation statutes does not alter formula used to calculate permanent disability award when employee's overall disability is subject to apportionment.
Employment Law Mar. 8, 2007
Small v. Superior Court (Brinderson Constructors Inc.)
Industrial Welfare Commission wage order accompanied by sufficient statement of basis is presumed to have been properly published and to contain workable definitions.
Employment Law Mar. 7, 2007
Hall v. County of Los Angeles
Plaintiff cannot compare one classification of male and female employees' wages with another classification of male and female employees' wages to show gender discrimination.
Employment Law Mar. 6, 2007
Ross v. San Francisco Bay Area Rapid Transit District
In wrongful discharge case, public entity is immune from liability where initiation of administrative proceedings to terminate is also immune.
Employment Law Mar. 6, 2007
Womack v. San Francisco Community College District
Temporary instructor seeking reinstatement failed to establish that he worked in excess of 60 percent of necessary full-time instructor's work hours.
Employment Law Feb. 22, 2007
Wallace v. City of San Diego
Substantial evidence supports jury's finding that employer took retaliatory actions against plaintiff in violation of Uniformed Services Employment and Reemployment Rights Act.
Employment Law Feb. 14, 2007
Ross v. San Francisco Bay Area Rapid Transit District
In wrongful discharge case, public entity is immune from liability where initiation of administrative proceedings to terminate is also immune.
Employment Law Feb. 2, 2007
Sereboff v. Mid Atlantic Medical Services Inc.
Under ERISA Section 502(a)(3)(B), fiduciary seeks equitable relief when it seeks recovery through constructive trust or equitable lien on specifically identified fund.
Employment Law Jan. 29, 2007