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Fifth Third Bancorp v. Dudenhoeffer
'Employee stock ownership plan' fiduciaries are not entitled to special presumption of prudence, as they are subject to same duty as other ERISA fiduciaries. 		Employment Law Jun. 25, 2014
Iskanian v. CLS Transportation Los Angeles LLC
Arbitration agreement that compels waiver of representative actions under Private Attorneys General Act is unenforceable as a matter of public policy. 		Employment Law Jun. 23, 2014
Davis v. Nordstrom Inc.
Nordstrom may require employee to arbitrate dispute based on revised provision she accepted by continuing employment after receiving notice of revisions. 		Employment Law Jun. 23, 2014
Johnmohammadi v. Bloomingdale's Inc.
Former employee must arbitrate claims against Bloomingdale’s, because she did not choose to opt out of arbitration agreement that waived class action right. 		Employment Law Jun. 23, 2014
Lane v. Franks
First Amendment protects outreach program director, who was fired after testifying at employee’s criminal trial, because testimony was outside scope of ordinary job duties. 		Employment Law Jun. 19, 2014
Ruiz v. Affinity Logistics Corp.
Delivery drivers are wrongfully classified as independent contractors under California law, in light of employer’s right to heavily control their work. 		Employment Law Jun. 17, 2014
Malone v. Superior Court (California Bank & Trust)
Delegation clause in arbitration agreement, which stated that issues related to enforceability of agreement would go before arbitrator, is not unconscionable. 		Employment Law Jun. 17, 2014
Kim v. Konad USA Distribution Inc.
Employee proves she exhausted administrative remedies before suing employer for sexual harassment by submitting complaints to DFEH and obtaining right-to-sue letters. 		Employment Law Jun. 13, 2014
Gabriel v. Alaska Electrical Pension Fund
Retiree may not recover surcharge from pension fund, which allegedly breached its fiduciary duty by incorrectly paying him benefits he had not earned. 		Employment Law Jun. 9, 2014
Staniforth v. The Judges' Retirement System (Chiang)
Judicial pensioners, who claimed their pension payments were being underpaid, are not exempt from caps to cost of living adjustments in underlying salary structure. 		Employment Law Jun. 6, 2014
Staniforth v. The Judges' Retirement System (Chiang)
Judicial pensioners, who claimed their pension payments were being underpaid, are not exempt from caps to cost of living adjustments in underlying salary structure. 		Employment Law Jun. 2, 2014
Duran v. U.S. Bank National Association
Bank escapes $15 million verdict in wage and hour class action because trial court implemented trial plan using seriously flawed statistical sampling. 		Employment Law May 30, 2014
Piccinini v. California Emergency Management Agency
Prospective deputy chief of Emergency Management Agency may proceed with claim against State after job offer was rescinded days before his start date. 		Employment Law May 29, 2014
Serri v. Santa Clara University
University director cannot revive employment discrimination action based on evidence prepared after her termination that did not dispel legitimate reasons for firing. 		Employment Law May 29, 2014
Rosenfeld v. Abraham Joshua Heschel Day School Inc.
Teacher who claimed she was forced to quit due to her age may not pursue ‘disparate impact’ theory during trial after originally pleading ‘disparate treatment.’ 		Employment Law May 29, 2014
Gloster v. Sonic Automotive Inc.
Former employee must arbitrate his claims against employer, even though third party was involved, because he agreed to arbitrate under Federal Arbitration Act. 		Employment Law May 23, 2014
Jong v. Kaiser Foundation Health Plan Inc.
Pharmacy managers fail to prove Kaiser knew they were working off-the-clock and refused to provide overtime pay after their reclassification as non-exempt. 		Employment Law May 21, 2014
Dept. of Homeland Security v. MacLean
Order 		Employment Law May 20, 2014
Hall v. Rite Aid Corp.
Former Rite Aid cashier overturns decertification of class action against Rite Aid, alleging that Rite Aid had unlawful policy of not providing cashiers with seats. 		Employment Law May 19, 2014
Carmona v. Lincoln Millennium Car Wash Inc.
Car wash companies may not force employees to arbitrate wage and hour claims based on arbitration agreements they had little understanding of. 		Employment Law May 12, 2014
Saffer v. JP Morgan Chase Bank
Former Washington Mutual employee’s failure to timely comply with FIRREA’s mandatory administrative exhaustion requirements bars wrongful termination claim. 		Employment Law Apr. 30, 2014
Stockwell v. City and County of San Francisco
San Francisco Police Dept. officers may continue class action against city based on promotional policy, which allegedly caused disparate impact on officers over 40. 		Employment Law Apr. 25, 2014
Butts v. Board of Trustees of the California State University
Terminated employee may sue California State University for improperly denying her ‘retreat rights’ by not allowing her to return to previously tenured position. 		Employment Law Apr. 24, 2014
Perez v. U.S. District Court (State of Washington Dept. of Social and Health Services)
Dept. of Labor does not need to disclose identities of employees who responded to questions about work conditions as part of Washington state overtime litigation. 		Employment Law Apr. 21, 2014
White v. County of Los Angeles
District Attorney’s office may order medical reevaluation of employee without violating FMLA after restoring her employment pursuant to doctor’s certification. 		Employment Law Apr. 16, 2014
Gordon v. Deloitte & Touche LLP Group Long Term Disability Plan
Disabled woman may not seek additional benefits under ERISA years after insurer terminated payments, despite its decision to reopen case after filing deadline. 		Employment Law Apr. 14, 2014
Ventress v. Japan Airlines
Flight engineer may not sue Japan Airlines for firing him for raising safety concerns, because Federal Aviation Act prohibits state law claims related to aviation safety. 		Employment Law Mar. 31, 2014
City of Oakland v. Oakland Police and Fire Retirement System
City of Oakland may not reduce retirement benefits by lowering compensation for ‘holiday pay,’ the excess pay employees receive for working holidays. 		Employment Law Mar. 27, 2014
Lewis v. City of Benicia
Supervisor may be liable for sexually harassing his male intern by showing intern sexual images at work and frequently buying him gifts and lunch. 		Employment Law Mar. 27, 2014
Casas v. CarMax Auto Superstores California LLC
Former sales consultant must arbitrate dispute against CarMax under agreement, which it had exclusive right to modify with provision of 30 days’ notice. 		Employment Law Mar. 24, 2014
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