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Name Category Published
Smith v. WCAB
Insured employee who successfully enforces his workers' compensation award following insurer's formal or informal denial of coverage is entitled to recover attorney fees. 		Employment Law Jan. 24, 2007
Stanley v. Gonzales
Civil Service Reform Act divests district court of subject matter jurisdiction to hear federal confidential employee's non-colorable constitutional claims related to her employment. 		Employment Law Jan. 23, 2007
Nestle Ice Cream Co. v. WCAB
Issuance of amended award that effects substantial or material change, or corrects judicial error, extends deadline for party to file petition for reconsideration. 		Employment Law Jan. 23, 2007
Roby v. McKesson HBOC
Insufficient evidence existed to support finding that employer engaged in discriminatory harassment within meaning of Fair Employment and Housing Act. 		Employment Law Jan. 19, 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 Jan. 12, 2007
Silver v. Executive Car Leasing Long-Term Disability Plan
Employee with serious heart condition demonstrated that he was continuously disabled and entitled to disability benefits. 		Employment Law Jan. 11, 2007
Sarka v. The Regents of the University of California
In employment termination case, doctor's retaliation argument failed where evidence showed he was discharged for insubordination. 		Employment Law Jan. 8, 2007
Syverson v. International Business Machines Corp.
Where corporation reduced its workforce, general release and covenant not to sue agreement is unenforceable. 		Employment Law Jan. 5, 2007
Patricia Adkins Insurance Agency Inc. v. State Farm Mutual Automobile Insurance Co.
Insurance provider may not impose trade secret and non-competition provisions on employees of its independent contractor agents. 		Employment Law Jan. 5, 2007
Walsh v. Nevada Dept. of Human Resources
In action brought under Title I of ADA, individual defendants cannot be held personally liable for violations of ADA. 		Employment Law Dec. 22, 2006
Bates v. United Parcel Service
In class action where district court found employment discrimination under ADA, this does not automatically lead to finding Unruh Act violation. 		Employment Law Dec. 7, 2006
Glanton v. AdvancePCS Inc.
ERISA plan participants who have not suffered any cognizable injury lack standing to sue plan fiduciaries for breach of duty. 		Employment Law Dec. 7, 2006
Miller v. Xerox Corp. Retirement Income Guarantee Plan
Xerox Corporation's method of accounting for prior distributions in calculating employees' final retirement benefits violates ERISA. 		Employment Law Dec. 5, 2006
Carter v. California Dept. of Veterans Affairs
Amendment to Fair Employment and Housing Act making employers liable when their employees are harassed by nonemployees applied retroactively to present action. 		Employment Law Nov. 28, 2006
Wasti v. Superior Court (Ezratty)
In employment discrimination case, petitioner timely served her civil complaint where she did not file administrative complaint for investigation. 		Employment Law Nov. 26, 2006
McRae v. Dept. of Corrections
African-American physician failed to establish employment bias or retaliation by state prison. 		Employment Law Nov. 16, 2006
Welcher v. WCAB
Repeal of Labor Code Section 4750 and enactment of Section 4663 and 4664 did not affect apportionment method of permanent disability benefits. 		Employment Law Nov. 16, 2006
Neisendorf v. Levi Strauss & Co.
Plaintiff cannot proceed with California Family Rights Act claim where there was legitimate and nondiscriminatory reason for her termination. 		Employment Law Nov. 8, 2006
Bassiri v. Xerox Corp.
ERISA's payroll practice exception encompasses payments by employer to disabled employee of 'normal compensation,' which may be less than employee's normal salary. 		Employment Law Nov. 8, 2006
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 Nov. 8, 2006
McRae v. Dept. of Corrections and Rehabilitation
Evidence does not support jury's determination that doctor was subjected to retaliation by her employer. 		Employment Law Nov. 6, 2006
Syverson v. International Business Machines Corp.
Where corporation reduced its workforce, general release and covenant not to sue agreement is unenforceable. 		Employment Law Nov. 6, 2006
JKH Enterprises Inc. v. Dept. of Industrial Relations
Drivers for courier service were properly classified as employees, not independent contractors, thus they were entitled to workers' compensation insurance. 		Employment Law Nov. 2, 2006
Koehl v. Verio Inc.
Where commissions paid to sales associates had not yet been 'earned,' employer chargebacks of such commissions did not violate Labor Code. 		Employment Law Nov. 1, 2006
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 Oct. 26, 2006
Hope v. California Youth Authority
California Youth Authority was found liable for sexual orientation harassment of its employee. 		Employment Law Oct. 25, 2006
Josephs v. Pacific Bell
Discriminatory refusal to reinstate is separately actionable claim. 		Employment Law Oct. 24, 2006
Kroske v. U.S. Bank Corp.
Congress did not intend for plaintiff's claim of age discrimination under Washington Law Against Discrimination to be pre-empted by National Bank Act. 		Employment Law Oct. 24, 2006
Dore v. Arnold Worldwide Inc.
Advertising agency prevails in breach of contract action brought by former employee where at-will employment contract was not ambiguous. 		Employment Law Oct. 23, 2006
Baize v. Eastridge Companies
In wrongful termination action, arbitrator's award is not reviewable for claimed errors of law. 		Employment Law Oct. 22, 2006
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