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Jumaane v. City of Los Angeles
Los Angeles Firefighter's race discrimination, harassment, and retaliation case against the City overturned following $1 million jury verdict.
Employment Law Nov. 11, 2015
U.S. Equal Employment Opportunity Commission v. McLane Co. Inc.
EEOC may obtain pedigree information of test takers where such information could shed light on sex discrimination allegations.
Employment Law Oct. 28, 2015
Miranda v. Anderson Enterprises
'Death knell' doctrine, an exception to one final judgment rule, applies to representative PAGA claims just as they do to class claims.
Employment Law Oct. 19, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Oct. 15, 2015
Negron v. Los Angeles County Civ. Serv. Comm.
'Negron' does not preclude Sheriff's Department from disciplining member for violating state laws while said member was on relieved-of-duty status.
Employment Law Oct. 1, 2015
Sakkab v. Luxottica Retail N. Am.
FAA does not preempt Cal. law holding pre-dispute agreements waiving PAGA claims unenforceable because law is generally applicable, preserved under the FAA's savings clause, and does not conflict with the FAA's purpose.
Employment Law Sep. 29, 2015
OTET v. Hillsboro Garbage Disposal
Dismissal proper where common law breach of contract claims are preempted by Employee Retirement Income Security Act.
Employment Law Sep. 9, 2015
Park v. Board of Trustees of the California State University
Trial court errs in denying University's special motion to strike former employee's discrimination claim, the thrust of which was based on protected activity.
Employment Law Sep. 3, 2015
Park v. Board of Trustees of the California State University
Trial court errs in denying University's special motion to strike former employee's discrimination claim, the thrust of which was based on protected activity.
Employment Law Aug. 31, 2015
Barboza v. Cal. Ass'n of Prof. Firefighters
Firefighters' long-term disability plan meets the requirements for a trust under 29 U.S.C. § 1103(a), though not expressly described as such.
Employment Law Aug. 31, 2015
Carlson v. Home Team Pest Defense Inc.
Worker does not have to arbitrate wrongful termination action against former employee under unenforceable arbitration agreement that was both procedurally and substantively unconscionable.
Employment Law Aug. 18, 2015
Brennan v. Opus Bank
Arbitrator, not court should decide issues of arbitrability where parties clearly and unmistakably agree to arbitration rules that delegated issues of arbitrability to arbitrator.
Employment Law Aug. 12, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Aug. 3, 2015
Safeway Inc. v. Superior Court (Enrique Esparza et al.)
Supermarkets' petition for writ of mandate denied where class certification is based on practice of never paying premium wages for missed meal breaks when required.
Employment Law Jul. 22, 2015
Pinela v. Neiman Marcus Group Inc.
Former employee's claims against Neiman Marcus will proceed in court because delegation clause and arbitration agreement are unconscionable and unenforceable under California law.
Employment Law Jun. 30, 2015
Munoz v. Chipotle Mexican Grill Inc.
Denial of class certification is not appealable where plaintiff's PAGA claims remain, precluding application of 'death knell' doctrine.
Employment Law Jun. 30, 2015
Verdugo v. Alliantgroup L.P.
Enforcing forum selection clause in employment agreement designating Texas as exclusive forum violates California's public policy regarding employee compensation.
Employment Law Jun. 25, 2015
Khalatian v. Prime Time Shuttle Inc.
Employer's 14-month delay in filing motion to compel arbitration did not constitute waiver of its right to arbitrate driver's dispute.
Employment Law Jun. 9, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law Jun. 4, 2015
Oregel v. PacPizza LLC
Employer waives right to enforce purported arbitration agreement based on its conduct and lengthy delay in filing petition to compel arbitration.
Employment Law Jun. 2, 2015
EEOC v. Abercrombie & Fitch Stores Inc.
Disparate-treatment claim based on failure to accommodate religious practice does not impose a knowledge requirement; plaintiff need only show motive.
Employment Law Jun. 1, 2015
Verdugo v. Alliantgroup
Enforcing forum selection clause in employment agreement designating Texas as exclusive forum violates California's public policy regarding employee compensation.
Employment Law May 31, 2015
LeGras v. AETNA Life Insurance Co.
Error to conclude employee's appeal denying disability benefits is untimely when he mailed appeal on the Monday following the Saturday deadline.
Employment Law May 28, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law May 27, 2015
Harris v. Amgen Inc.
Employees of pharmaceutical giant Amgen Inc. may pursue ERISA claims related to company's handling of employee stock-ownership plans.
Employment Law May 26, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law May 17, 2015
Ashbey v. Archstone Property Management Inc.
Employee's Title VII claim must be arbitrated because, by signing acknowledgment, employee knowingly waived his right to judicial forum.
Employment Law May 12, 2015
Marzec v. CalPERS
Factual disputes exist regarding whether CalPERS' disability retirement plans for workers who purchased additional service credits violates CalPERS' fiduciary duty.
Employment Law May 11, 2015
Hirst v. City of Oceanside
FEHA's protection against harassment encompasses phlebotomist who worked for employer that provided her services to city pursuant to a contract.
Employment Law May 10, 2015
Williams v. Chino Valley Independent Fire Dist.
California Government Code Section 12965(b) and the Christiansburg standard should have been applied to calculate whether prevailing defendant should be awarded its costs in FEHA action.
Employment Law May 4, 2015