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Neeble-Diamond v. Hotel California By the Sea, LLC
In Fair Employment and Housing Act case, trial court erred in awarding costs based solely on defendant's cost memorandum without a motion to award discretionary costs.
Employment Law 4DCA/3 Feb. 7, 2024
Daramola v. Oracle America, Inc.
Whistleblower anti-retaliation provisions in the Sarbanes-Oxley and Dodd-Frank Acts do not apply to employment relationships outside the U.S.
Employment Law 9th Feb. 7, 2024
Ventura County Employees' Retirement Association v. Criminal Justice Attorneys Association of Ventura County
Ventura County Employees' Retirement Association's resolution excluding compensation for accrued but unused annual leave comported with the California Public Employees' Pension Reform Act's purpose of reducing pension spiking.
Employment Law 2DCA/6 Jan. 22, 2024
Estrada v. Royalty Carpet Mills, Inc.
Trial courts do not have inherent authority to completely dismiss Private Attorneys General Act claims due to manageability concerns.
Employment Law CASC Jan. 19, 2024
Dominguez v. Better Mortgage Corp.
Court order limiting employer's communications with potential plaintiffs in collective employment action was appropriate given findings that the employer's prior communications regarding the suit had been coercive and misleading.
Employment Law 9th Dec. 8, 2023
Beltran v. Hard Rock Hotel Licensing, Inc.
Trial court erred in using outdated standards to grant summary judgment on Fair Employment and Housing Act sexual harassment claim.
Employment Law 4DCA/3 Dec. 7, 2023
Arce v. The Ensign Group, Inc.
Although her last shift was just over a year prior to filing, employee's Private Attorneys General Act claim was within the limitations period because failure to pay premiums on termination is a Labor Code violation.
Employment Law 2DCA/5 Oct. 23, 2023
Modification: Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest.
Employment Law 1DCA/4 Sep. 27, 2023
Harstein v. Hyatt Corp.
Hyatt's temporary furlough of hotel workers due to COVID-19 constituted a "discharge" that required immediate payment of earned wages.
Employment Law 9th Sep. 25, 2023
LaCour v. Marshalls of California
Private Attorneys General Act claim was timely under Emergency Rule 9, which extended the statute of limitations due to COVID-19.
Employment Law 1DCA/4 Aug. 31, 2023
Krug v. Board of Trustees of the California State Univ.
State university was exempt from statute requiring employers reimburse employees' necessary business expenses because it was a government agency, and applying the statute would infringe its sovereign governmental powers.
Employment Law 2DCA/1 Aug. 31, 2023
Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest.
Employment Law 1DCA/4 Aug. 31, 2023
Wit v. United Behavioral Health
Plaintiffs, beneficiaries of ERISA-governed health plans, had Article III standing to bring breach of fiduciary duty and improper denial of benefits claims under ERISA against the claims administrator.
Employment Law 9th Aug. 23, 2023
Bugielski v. AT&T Services, Inc.
Summary judgment was not appropriate where contract amendment between retirement plan administrator and recordkeeper satisfied the definition of a prohibited transaction under ERISA.
Employment Law 9th Aug. 7, 2023
Earley v. Workers' Compensation Appeals Bd.
The Workers' Compensation Appeals Board's long-standing practice of granting petitions for reconsideration solely for further study violated the clear statutory requirement to state the reasons for granting in detail.
Employment Law 2DCA/8 Aug. 3, 2023
Persian Broadcast Service Global, Inc. v. Walsh
Termination of E-3 visa did not end company's obligation to pay wages or constitute an exception to the Labor Condition Application.
Employment Law 9th Aug. 2, 2023
Woodworth v. Loma Linda University Medical Center
In agreement with *Camp v. Home Depot*, an employer cannot apply a rounding policy if it has captured the exact amount of time an employee has worked.
Employment Law 4DCA/2 Jul. 26, 2023
Crowe v. Wormuth
Merit Systems Protection Board's jurisdiction over an adverse employment action does not confer pendent jurisdiction over factually related claims that, on their own, would not be appealable to the MSPB.
Employment Law 9th Jul. 26, 2023
Zirpel v. Alki David Productions Inc.
Trial court did not commit legal error in finding that requiring employee's continued work in building that was unpermitted for event use was an activity that violated regulations.
Employment Law 2DCA/4 Jul. 18, 2023
Adolph v. Uber Technologies Inc.
Private Attorneys General Act plaintiffs do not lose standing to litigate non-individual claims in court when plaintiffs' individual claims are subject to arbitration.
Employment Law CASC Jul. 18, 2023
Thai v. International Business Machines Corp.
Employer was statutorily obligated to reimburse work-from-home expenses incurred by its employees as a direct result of their job duties even though the employer did not directly cause the expenses.
Employment Law 1DCA/5 Jul. 12, 2023
Morales-Garcia v. Better Produce Inc.
Strawberry marketers not liable for farmworkers' wages as a client employer where they had no control over the farms nor was the harvesting part of the marketers' customary work.
Employment Law 9th Jun. 2, 2023
People ex rel. Garcia-Brower v. Kolla's, Inc.
Under Labor Code Section 1102.5(b), protected disclosures include complaints or reports of violations already known to employers or entities.
Employment Law CASC May 23, 2023
Quinn v. LPL Financial LLC
Statutory exemption from the ABC test for financial representatives for securities dealers had a rational basis because professionals were less likely to be exploited by misclassification.
Employment Law 2DCA/8 May 12, 2023
Young v. RemX Specialty Staffing
Employee's firing from her temporary assignment at a bank did not constitute a "discharge" under the Labor Code because her employment relationship with the staffing agency had not ended.
Employment Law 1DCA/5 May 11, 2023
Modification: Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations.
Employment Law 1DCA/2 May 10, 2023
Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations.
Employment Law 1DCA/2 Apr. 17, 2023
Modification: Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay.
Employment Law 4DCA/1 Mar. 24, 2023
Atalla v. Rite Aid Corporation
Employer found not strictly liable under the Fair Employment and Housing Act for lewd text messages sent from supervisor to employee because the exchange was tied to the personal friendship between supervisor and employee.
Employment Law 5DCA Mar. 16, 2023
Buero v. Amazon.com Services Inc.
Because Oregon law aligns with federal law regarding what activities are compensable, plaintiff was required to allege that mandatory security screenings before or after work shifts were compensable under the Fair Labor Standards Act.
Employment Law 9th Mar. 13, 2023