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Fahlen v. Sutter Central Valley Hospitals
Kidney doctor may challenge hospital’s allegedly retaliatory decision to cut off his staff privileges in court, without having to go through administrative procedures.
Employment Law Feb. 21, 2014
Opinion of Harris (12-1101)
Transportation industry employers lawfully use surveillance video operators to continuously record their drivers’ actions while on the job.
Employment Law Feb. 19, 2014
Rea v. Michaels Stores Inc.
Michaels Stores may remove class action concerning store managers’ wages to federal court, because managers stood to recover over $5 million.
Employment Law Feb. 19, 2014
Cheal v. El Camino Hospital
Fired diet technician may continue her age discrimination suit against hospital because hospital failed to show she performed below its own accepted standards.
Employment Law Feb. 18, 2014
Retired Employees Association of Orange County Inc. v. County of Orange
Orange County is not contractually obligated to pool the health care premium rates of its retired employees with those of current employees.
Employment Law Feb. 14, 2014
Kelley v. California Unemployment Insurance Appeals Board (Merle Norman Cosmetics Inc.)
Company may not claim employee voluntarily quit by making unreasonable demands when she came back from stress leave due to sexual harassment.
Employment Law Feb. 11, 2014
Chaidez v. Board of Administration of California Public Employees' Retirement System
Public Employees’ Retirement System may calculate retirement benefits for city council member by dividing his time as city employee and council member.
Employment Law Feb. 4, 2014
Cheal v. El Camino Hospital
Fired diet technician may continue her age discrimination suit against hospital because hospital failed to show she performed below its own accepted standards.
Employment Law Feb. 3, 2014
Driscoll v. Superior Court (Spencer)
Doctor may sue former employer in state court under federal whistleblower protection laws, alleging he was fired after he expressed concerns about fraudulent billings.
Employment Law Jan. 31, 2014
Petrosyan v. Prince Corp.
Self-represented Armenian worker may resume action for unpaid wages because trial court incorrectly tossed case based on his violation of confusing instructions.
Employment Law Jan. 30, 2014
Sandifer v. United States Steel Corp.
U.S. Steel Corp. does not have to pay workers at its steelmaking facilities for time spent putting on and taking off protective gear.
Employment Law Jan. 28, 2014
Hawkins v. TACA International Airlines S.A.
Former security guard may not sue airline that hired her security company for allegedly entering into underfunded contracts.
Employment Law Jan. 28, 2014
Gonzalez v. Seal Methods Inc.
Power press operator may not sue employer after press crushed her hand, because safety blocks she wanted could not be permanently installed.
Employment Law Jan. 27, 2014
Dailey v. City of San Diego
City of San Diego may impose $8,880 cap on retiree health benefits without obtaining majority vote by entire pension system.
Employment Law Jan. 24, 2014
Thornbrough v. Western Placer Unified School District
School district justifiably fires employee due to his insubordinate and appalling behavior, despite his prior reports of suspected illegal activity.
Employment Law Jan. 23, 2014
Mendoza v. Western Medical Center Santa Ana
Court’s failure to instruct jury to determine whether report of harassment was ‘a substantial motivating reason’ for firing employee upends award in his favor.
Employment Law Jan. 16, 2014
Dzakula v. McHugh
Employee’s failure to list discrimination lawsuit against Secretary of Army when filing for bankruptcy causes district court to toss lawsuit.
Employment Law Jan. 16, 2014
Palagin v. Paniagua Construction Inc.
Employer’s appeal of Labor Commissioner’s decision is flawed from outset due to failure to file undertaking on time.
Employment Law Jan. 16, 2014
Taylor v. Nabors Drilling USA LP
Supervisors who repeatedly mocked employee by challenging his sexual orientation engaged in sexual harassment, even if they had no sexual motive.
Employment Law Jan. 14, 2014
Vasquez v. Franklin Management Real Estate Fund Inc.
Maintenance worker may sue former employer for consistently refusing to reimburse him for expenses related to extensive work-related driving.
Employment Law Jan. 2, 2014
Beckley v. Board of Administration of California Public Employees' Retirement System
Former CHP officer gets disability benefits because he could no longer perform full official duties, despite switch to public affairs officer position.
Employment Law Dec. 27, 2013
Opinion of Harris
Businesses with no employees may still be subject to prohibition on smoking in workplace if employees of any other employer work there.
Employment Law Dec. 24, 2013
Porter v. Board of Retirement of the Orange County Employees’ Retirement System
Former Orange County bus driver is entitled to disability retirement from the day after her last day of work, not when her workers’ compensation expired.
Employment Law Dec. 19, 2013
Heimeshoff v. Hartford Life & Accident Insurance Co.
Former Wal-Mart employee may not challenge disability plan’s denial of benefits because she missed three-year deadline to sue within policy.
Employment Law Dec. 16, 2013
Palagin v. Paniagua Construction Inc.
Employer’s appeal of Labor Commissioner’s decision is flawed from outset due to failure to file undertaking on time.
Employment Law Dec. 16, 2013
Hunter v. CBS Broadcasting Inc.
Television station’s decision to choose ‘young attractive females’ to fill vacant weather anchor positions qualifies as exercise of free speech.
Employment Law Dec. 12, 2013
Villacorta v. Cemex Cement Inc.
Employer may not refuse to pay former employee’s lost wages for time after he found a new job because it forced him to live away from his family.
Employment Law Dec. 11, 2013
Dzakula v. McHugh
Employee’s failure to list discrimination lawsuit against Secretary of Army when filing for bankruptcy causes district court to toss lawsuit.
Employment Law Dec. 11, 2013
Richards v. Ernst & Young LLP
Ernst & Young may arbitrate former employee’s state wage and hour claims despite its initial delay in moving to compel arbitration.
Employment Law Dec. 9, 2013
Williams v. Superior Court (Allstate Insurance Co.)
Auto adjusters may again pursue class action against Allstate because trial court incorrectly decertified class based on U.S. Supreme Court's 'Dukes' decision.
Employment Law Dec. 8, 2013