Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C077823
|
Cameron v. Sacramento County Employees’ Retirement System
Plaintiff's application for service-connected disability retirement properly rejected as untimely. |
Employment Law |
|
Nov. 2, 2016 | |
B262029
|
Perez v. U-Haul Company of California
Employer may not compel arbitration to determine if plaintiff is an 'aggrieved employee' under Labor Code in representative PAGA claim. |
Employment Law |
|
Sep. 19, 2016 | |
F070802
|
Hott v. College of the Sequoias Community College Dist.
Salary of former school district administrator reassigned as faculty member under Ed. Code Section 87458 properly calculated based on faculty member status, not managerial level. |
Employment Law |
|
Sep. 7, 2016 | |
14-36000
|
Kerr v. Jewell
Whistleblower Protection Act claim properly dismissed where former employee not permitted to file claim in district court without first presenting claim to Merit Systems Protection Board. |
Employment Law |
|
Sep. 6, 2016 | |
B265769
|
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. |
Employment Law |
|
Aug. 23, 2016 | |
S221554
|
McLean v. State of California
Mandated final wage payment time limit under Labor Code Section 202 for employees who 'quit' includes protection for employees who 'retire.' |
Employment Law |
|
Aug. 18, 2016 | |
B265769
|
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. |
Employment Law |
|
Jul. 28, 2016 | |
15-15351
|
Rollins v. Dignity Health
To qualify for ERISA's church-plan exemption, plan must be established by a church and maintained by church-affiliated organization whose principal purpose is to provide benefits to church employees. |
Employment Law |
|
Jul. 27, 2016 | |
14-15848
|
Lee v. ING Groep
Because 'plans' and 'plans administrators' are separate entities under ERISA, penalties under 29 U.S.C. Section 1132(c)(1) can only be assessed against plan administrators. |
Employment Law |
|
Jul. 26, 2016 | |
B261194
|
Chang v. County of Los Angeles
County not required to indemnify deputies that assaulted and battered inmate with actual malice, oppression, or fraud pursuant to invocation of reservation of rights. |
Employment Law |
|
Jul. 6, 2016 | |
H041850
|
Weisner v. Santa Cruz County Civil Service Commission (County of Santa Cruz)
County employee may maintain writ petition seeking back pay resulting from 2008 dismissal, which had been overturned, despite his 'resignation' from reinstated position. |
Employment Law |
|
Jun. 22, 2016 | |
D067120
|
Moore v. The Regents of the University of California
Former Marketing Director for University of California may maintain her discrimination and retaliation action against the Regents concerning her firing following diagnosis of heart condition. |
Employment Law |
|
Jun. 21, 2016 | |
A142858
|
United Educators of San Francisco AFT/CFT, AFL-CIO, NEA/CTA v. California Unemployment Insurance Appeals Board (San Francisco Unified School District)
Public school employees who received reasonable assurance of continued employment for following school year properly found ineligible for unemployment benefits for intervening summer break. |
Employment Law |
|
Jun. 7, 2016 | |
14-56421
|
Flores v. City of San Gabriel
City of San Gabriel's cash-in-lieu of benefits payments to police officers may not be excluded in calculation of officers' regular rate of pay under FLSA. |
Employment Law |
|
Jun. 2, 2016 | |
14-613
|
Green v. Brennan
Federal employee alleging constructive discharge wins reversal of summary judgment in employer's favor where limitations period began running only after he resigned. |
Employment Law |
|
May 24, 2016 | |
14-55484
|
Rich v. Shrader
Dismissal of Employee Retirement Income Security Act claims against former employer affirmed where stock rights plan does not qualify as plan under the Act. |
Employment Law |
|
May 24, 2016 | |
14-1375
|
CRST Van Expedited Inc. v. Equal Employment Opportunity Commission
Employer is 'prevailing party' for purposes of Title VII's fee-shifting provision even if it obtained ruling that was not on the merits. |
Employment Law |
|
May 20, 2016 | |
13-55622
|
Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership
Summary judgment in employer's favor upheld where its rounding policy regarding employees' timekeeping comports with federal rounding regulation. |
Employment Law |
|
May 3, 2016 | |
B264138
|
Rodriguez v. E.M.E. Inc.
In wage and hour class action, dispute regarding practicability of employer's combined rest break schedule precludes summary adjudication of employee's rest break claim. |
Employment Law |
|
Apr. 26, 2016 | |
B257970
|
Davis v. Farmers Insurance Exchange
Trial court erroneously grants directed verdict in employer's favor where former employee presented sufficient evidence to allow wage claim to go to the jury. |
Employment Law |
|
Apr. 25, 2016 | |
13-56379
|
Estate of Barton v. ADT Security Services Pension Plan
Court incorrectly places burden of proof on claimant seeking pension benefits, rather than on employer, regarding key information about corporate structure and hours worked. |
Employment Law |
|
Apr. 22, 2016 | |
S215614
|
Kilby v. CVS Pharmacy Inc.
California Supreme Court clarifies when employers must provide employees a seat, settling Industrial Welfare Commission's seating provisions. |
Employment Law |
|
Apr. 5, 2016 | |
S208345
|
Baltazar v. Forever 21 Inc.
Provisional relief clause in arbitration agreement does not render agreement unconscionable where clause merely confirmed parties' undisputed statutory rights. |
Employment Law |
|
Mar. 29, 2016 | |
B257970
|
Davis v. Farmers Insurance Exchange
Trial court erroneously grants directed verdict in employer's favor where former employee presented sufficient evidence to allow wage claim to go to the jury. |
Employment Law |
|
Mar. 29, 2016 | |
13-16081
|
State of Arizona ex rel. Horne v. The Geo Group Inc.
EEOC and Arizona Civil Rights Division successfully reinstate dismissed claims relating to harassment and discrimination of female corrections officers. |
Employment Law |
|
Mar. 15, 2016 | |
B263325
|
Astorga v. Retirement Board of the Santa Barbara County Employees Retirement System
County worker fails to challenge retirement board's determination of effective date of her disability retirement pursuant to bright-line rule in 'Katosh.' |
Employment Law |
|
Mar. 3, 2016 | |
G050438
|
Carbajal v. CWPSC Inc.
Employer unsuccessful in overturning denial of motion to compel arbitration of wage and hour claims where court correctly holds that arbitration provision is unconscionable. |
Employment Law |
|
Mar. 1, 2016 | |
14-723
|
Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
Fiduciary of employee benefits plan cannot bring suit to attach participant's general assets under Section 502(a)(3) of ERISA when participant dissipates settlement on nontraceable items. |
Employment Law |
|
Jan. 21, 2016 | |
D066404
|
Prue v. Brady Co./San Diego Inc.
Summary judgment improper where employee timely and sufficiently alleged cause of action for common law wrongful discharge in violation of public policy stemming from work-related injury discrimination. |
Employment Law |
|
Dec. 14, 2015 | |
B257492
|
California Dept. of Justice v. Board of Administration of California Public Employees’ Retirement System (Resendrez)
DOJ must reinstate peace officer without conditions after CalPERS determined she was no longer incapacitated and was, therefore, eligible for reinstatement. |
Employment Law |
|
Nov. 16, 2015 |