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Kao v. The University of San Francisco
University of San Francisco is not required to engage in interactive process before requiring professor to undergo psychological fitness-for-duty evaluation. 		Employment Law Sep. 3, 2014
Jimenez v. Allstate Insurance Co.
Claims adjusters may proceed as class in action against Allstate Insurance for allegedly maintaining unofficial policy requiring unpaid overtime work. 		Employment Law Sep. 3, 2014
Patterson v. Domino’s Pizza LLC
Domino’s is not liable for sexual harassment based on acts of franchisee’s worker because it lacked authority to control franchisee’s workers. 		Employment Law Aug. 28, 2014
Alexander v. FedEx Ground Package System Inc.
California FedEx drivers are considered employees, not independent contractors, due to company's broad right to control manner in which drivers perform work. 		Employment Law Aug. 27, 2014
Slayman v. FedEx Ground Package System Inc.
Under Oregon’s right-to-control test, Oregon FedEx drivers are employees, not independent contractors, given FedEx controlled their appearance, vehicles and schedules. 		Employment Law Aug. 27, 2014
Cruise v. Kroger Co.
California Arbitration Act must govern arbitration, rather than terms of employer’s arbitration policy, because company was unable to actually prove contents of policy. 		Employment Law Aug. 27, 2014
Yau v. Santa Margarita Ford Inc.
Car dealership employee, who alleged he was fired after complaining about fraudulent warranty claims, may sue for wrongful termination in violation of public policy. 		Employment Law Aug. 26, 2014
Shaw v. Superior Court (THC-Orange County Inc.)
Former health facility employee has right to jury trial on her action for money damages alleging retaliation for her complaints about conditions at facility. 		Employment Law Aug. 24, 2014
Hager v. County of Los Angeles
Deputy sheriff’s disclosure of another deputy’s involvement in missing deputy’s murder is protected whistleblower activity, even if he was not first to report it. 		Employment Law Aug. 20, 2014
McLean v. State of California
For purposes of receiving final wages, as well as waiting time penalties, employee who retires must be treated same as employee who quits. 		Employment Law Aug. 19, 2014
Thomas v. County of Riverside
Employee may continue to pursue First Amendment retaliation claims, which district court dismissed as trivial although they could deter speech when viewed in isolation. 		Employment Law Aug. 18, 2014
Van Asdale v. International Game Technology
Prevailing Sarbanes-Oxley Act whistleblowers are entitled to postjudgment interest at rate that normally applies to all civil cases in federal district courts. 		Employment Law Aug. 17, 2014
Weaving v. City of Hillsboro
Sergeant's termination due to interpersonal problems at work does not violate ADA because his ADHD did not substantially limit his ability to interact with others. 		Employment Law Aug. 17, 2014
Cochran v. Schwan’s Home Service Inc.
Employees who must use their personal cell phones for work-related calls are entitled to reimbursement from employer, even if third person pays phone bill. 		Employment Law Aug. 12, 2014
Rebolledo v. Tilly's Inc.
Employer cannot force employee to arbitrate wage and hour claims where arbitration agreements specifically excluded labor law violations within Labor Commissioner’s jurisdiction. 		Employment Law Aug. 7, 2014
People ex rel. Harris v. Pac Anchor Transportation Inc.
Federal Administration Authorization Act of 1994 does not preempt California unfair competition law action based on violations of state labor and insurance laws. 		Employment Law Jul. 28, 2014
Gotterba v. Travolta
John Travolta and company may not dismiss former employee’s suit to establish rights under termination agreement by asserting claim arose from attorney’s prelitigation demands. 		Employment Law Jul. 22, 2014
Sandqusit v. Lebo Automotive Inc.
Arbitrator, instead of court, has to decide issue of whether employee was bound by arbitration clause that prohibited class arbitration. 		Employment Law Jul. 22, 2014
Galen v. Redfin Corp.
Independent contractor may not avoid arbitration of misclassification claims under Labor Code by asserting claims did not arise from terms in arbitration agreement. 		Employment Law Jul. 21, 2014
Rhea v. General Atomics
Employer may require exempt employees to use annual leave hours while absent from work for part of day, even if absence is for less than four hours. 		Employment Law Jul. 21, 2014
Rodriguez v. City of Santa Cruz
Trial court must apply independent judgment standard when reviewing denial of police officer’s application for disability retirement based on posttraumatic stress disorder. 		Employment Law Jul. 17, 2014
Peabody v. Time Warner Cable Inc.
Employers may not attribute commissioned wages paid in one pay period to different pay period to satisfy California’s overtime and minimum wage requirements. 		Employment Law Jul. 14, 2014
Dept. of Corrections and Rehabilitation v. State Personnel Board (Martin)
State Personnel Board must include overtime pay reinstated employee earned from alternate employment in calculating offset in award for back pay and benefits. 		Employment Law Jul. 14, 2014
Avila v. Los Angeles Police Dept.
LAPD may not claim that it fired officer due to his failure to submit overtime requests, rather than his testimony in fellow officer’s FLSA unpaid overtime suit against LAPD. 		Employment Law Jul. 10, 2014
Dilts v. Penske Logistics LLC
Federal Aviation Administration Authorization Act does not preempt truck drivers’ class action against trucking company alleging violations of California’s meal and rest break laws. 		Employment Law Jul. 9, 2014
Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros)
Employee’s refusal to sign disciplinary notice outside presence of union representative does not constitute misconduct to render him ineligible for unemployment benefits. 		Employment Law Jul. 6, 2014
Anderson v. City and County of San Francisco
Male deputies may challenge San Francisco policy preventing them from supervising female inmates where County did not establish that policy was necessary. 		Employment Law Jul. 2, 2014
Ayala v. Antelope Valley Newspapers Inc.
Newspaper carriers may sue Antelope Valley Press on class action basis for misclassifying them as independent contractors, despite having right to control their work. 		Employment Law Jun. 30, 2014
Von Nothdurft v. Steck
Apartment building owner is entitled to credit against minimum wage obligations based on free rent provided to manager because they agreed to that arrangement. 		Employment Law Jun. 26, 2014
Salas v. Sierra Chemical Co.
Federal immigration law does not preempt immigrant worker’s claims under California’s FEHA, even if he used false documents to secure employment. 		Employment Law Jun. 26, 2014
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