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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
Muniz v. United Parcel Service Inc.
Employee gets more in attorney fees than damages after winning FEHA gender discrimination suit, but must go back over paralegal fees within award. 		Employment Law Dec. 5, 2013
Horne v. International Union of Painters and Allied Trades, District Council 16
Union ends African-American member’s discrimination suit for failure to hire after learning during discovery that prior felony conviction disqualified him. 		Employment Law Dec. 4, 2013
Martinez v. Joe’s Crab Shack Holdings
Managers at Joe’s Crab Shack restaurants may maintain wage and hour class action against company in relation to work they allegedly performed on nonexempt tasks. 		Employment Law Dec. 4, 2013
Hagen v. City of Eugene
Police department does not retaliate against officer in violation of First Amendment by demoting him after he complained about unsafe discharges of firearms. 		Employment Law Dec. 3, 2013
Jones v. Farmers Insurance Exchange
Claims adjusters may file class action against insurance company due to denial of pay for work before shifts, but must name new class representative. 		Employment Law Nov. 28, 2013
Kurz v. Syrus Systems LLC
Employer may not sue former employee for malicious prosecution based on his claim for unemployment benefits, even if judge denied that claim as frivolous. 		Employment Law Nov. 24, 2013
Rivera v. Peri & Sons Farms Inc.
Nevada farm must reimburse travel and immigration expenses incurred by Mexican farmers working under Dept. of Labor’s temporary employment program. 		Employment Law Nov. 14, 2013
Volpei v. County of Ventura
County loses bid to arbitrate employee's statutory discrimination claims because its collective bargaining agreement with union did not clearly waive right to sue. 		Employment Law Nov. 8, 2013
Poole v. Orange County Fire Authority
Firefighter must be given chance to respond to negative comments against him in fire chief’s daily logs, because logs were used to make personnel decisions. 		Employment Law Nov. 5, 2013
Chavarria v. Ralphs Grocery Co.
Ralphs Grocery may not force former deli clerk to arbitrate claims under California labor law because arbitration policy in employment application was unfair. 		Employment Law Oct. 29, 2013
State of Arizona v. ASARCO LLC
In sexual harassment case, six-figure punitive damages award is excessive where jury only awarded one dollar in other damages to victim. 		Employment Law Oct. 25, 2013
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 Oct. 24, 2013
Cornejo v. Lightbourne
Employee does not have to file her discrimination claim with California before suing Dept. of Social Services under Whistleblower Protection Act. 		Employment Law Oct. 23, 2013
Williams v. Chino Valley Independent Fire District
Order 		Employment Law Oct. 22, 2013
Sonic-Calabasas A Inc. v. Moreno
Court cannot prematurely deny arbitration for pay dispute without addressing employee’s claim that ‘Berman hearing’ waiver in arbitration agreement was unreasonable. 		Employment Law Oct. 18, 2013
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