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Payne v. Norwest Corp.
In wrongful discharge and retaliation claims, district court has jurisdiction to reconsolidate state and federal claims despite refusal to exercise supplemental jurisdiction.
Employment Law Jun. 14, 2000
Collins v. Lobdell
Public employer may require employees to use compensation time instead of permitting them to earn overtime pay.
Employment Law Jun. 14, 2000
Lam v. University of Hawaii
Pattern of allegedly prejudicial comments or conduct may create sufficient evidence for triable issues of fact.
Employment Law Jun. 14, 2000
Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson
Court abuses discretion in awarding attorney fees when ERISA case should have been removed to federal court.
Employment Law Jun. 9, 2000
Kelly v. City of Oakland
Claim for quid pro quo sexual harassment supports same-sex harassment case filed before same-sex 'hostile environment' harassment was federally recognized.
Employment Law Jun. 9, 2000
McAlindin v. County of San Diego
Sleeping, engaging in sexual relations and social interactions are 'major life activities' within meaning of Americans with Disabilities Act.
Employment Law Jun. 9, 2000
Passantino v. Johnson & Johnson Consumer Products Inc.
Employee is entitled to punitive damages award if employer does not fairly and adequately implement procedures against discrimination.
Employment Law Jun. 2, 2000
BankAmerica Pension Plan v. McMath
ERISA does not pre-empt state-law doctrine of substantial compliance, which requires employee to designate primary beneficiary under benefit plan.
Employment Law Jun. 2, 2000
Harris v. Harris & Hart Inc.
Employer may require employee with known disability to provide medical release without violating Americans With Disabilities Act.
Employment Law Jun. 2, 2000
Carpenters Southern California Administrative Corp. v. Knight
Without subject matter jurisdiction, court may not award attorney fees and costs under ERISA claim.
Employment Law Jun. 2, 2000
Klem v. County of Santa Clara
Employer who fails to pay employees overtime compensation, may not remedy its actions by asserting 'window of correction' rule.
Employment Law Jun. 2, 2000
Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson
Court abuses discretion in awarding attorney fees when ERISA case should have been removed to federal court.
Employment Law Jun. 2, 2000
Duncan v. Northwest Airlines Inc.
Class-action tort suit, challenging airline's smoking policy, is not pre-empted by federal statute.
Employment Law Jun. 2, 2000
Doyal v. Oklahoma Heart Inc.
ADA claim insufficient when employee fails to demonstrate limitation in major life activities.
Employment Law Jun. 1, 2000
Hines v. Chrysler Corp.
Opinion
Employment Law Jun. 1, 2000
Kaibab Indus. v. Industrial Commission of Arizona
Successive-injury doctrine does not apply when employee's current industrial injury is exacerbation of prior industrial injury.
Employment Law Jun. 1, 2000
Douglas v. Orkin Exterminating Inc.
Order
Employment Law Jun. 1, 2000
Pang v. Beverly Hospital Inc.
Employee's leave, to help elderly mother to move from home, isn't leave to care for parent under California family rights legislation.
Employment Law Jun. 1, 2000
Muzquiz v. City Of Emeryville
Employee fails to prove that city's legitimate, nondiscriminatory reasons for eliminating her job were pretext for age-based discrimination.
Employment Law Jun. 1, 2000
Murray v. Oceanside Unified School District
Anti-workplace harassment law forbids harassment at work based on sexual orientation.
Employment Law Jun. 1, 2000
Kim v. The Regents of the University of Calif.
University employee's complaint for breach of good faith and fair dealing cannot stand where employment is by statute, not contract.
Employment Law Jun. 1, 2000
Vanderhurst v. Colorado Mountain College Dist.
Party who fails to adequately raise issues in trial court waives appellate review of those issues.
Employment Law May 24, 2000
Willmar Electric Service v. Cooke
ERISA does not pre-empt apprenticeship training standards.
Employment Law May 24, 2000
Spraggs v. Sun Oil Co.
Order
Employment Law May 24, 2000
Sims v. The Boeing Co.
Order
Employment Law May 24, 2000
Gallegos v. Equal Employment Opportunity Commission
Order
Employment Law May 24, 2000
Whitetree v. Apfel
Order
Employment Law May 24, 2000
Pastran v. K-Mart Corp.
Summary judgment is improper where material issues of fact exist as to whether employer's reasons for termination are pretextual.
Employment Law May 17, 2000
Deboard v. Sunshine Mining and Refining Co.
Former employees promised lifetime insurance benefits are entitled to same type and level of benefits provided to current salaried employees.
Employment Law May 17, 2000
Arnett v. Ryan
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act.
Employment Law May 16, 2000