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Name Category Published
Elijahjuan v. Superior Court (Mike Campbell & Associates Ltd.)
Company cannot enforce contract's arbitration clause with workers where dispute did not arise from employement contracts. 		Employment Law Oct. 18, 2012
Gorlach v. The Sports Club Co.
Employer may not force former employee to arbitrate claims, even if she led executives to believe she signed arbitration agreement before resigning. 		Employment Law Oct. 17, 2012
Tien v. Tenet Healthcare Corp.
Wage-related claims may not be pursued by class of employees due to excessive number of questions regarding reasons for taking breaks. 		Employment Law Oct. 5, 2012
Batarse v. Service Employees International Union Local 1000
Union representative may not challenge union’s decision to fire him after he lied about his legal background while applying for the job. 		Employment Law Sep. 28, 2012
Dutra v. Mercy Medical Center Mt. Shasta
Employee cannot sue her employer for wrongful termination based on policy that prohibits firing employees for filing workers’ compensation claims. 		Employment Law Sep. 27, 2012
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks. 		Employment Law Sep. 26, 2012
Aleman v. AirTouch Cellular
Employer that prevailed on reporting time and split shift pay claims filed by its employees is entitled to attorney fees on reporting claim. 		Employment Law Sep. 21, 2012
Sheppard v. David Evans and Assoc.
Employee's age discrimination pleading survives by alleging that she performed well, but her company treated younger co-workers better. 		Employment Law Sep. 13, 2012
Flores v. Lamps Plus Inc.
Dispute over meal and rest breaks cannot move forward as class action because individual issues of employees predominated over common issues. 		Employment Law Sep. 6, 2012
Bell v. H.F. Cox Inc.
ERISA preempts state law action for unpaid vacation only if employer maintains separate account for payment of vacation benefits. 		Employment Law Sep. 6, 2012
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks. 		Employment Law Aug. 31, 2012
Muldrow v. Surrex Solutions Corp.
Under commission exemption, employees are not entitled to overtime pay because their job duties involved 'selling' candidates on job placements. 		Employment Law Aug. 30, 2012
McGuire v. Employment Development Dept.
Plaintiff does not qualify for extended unemployment benefits because base period used to determine eligibility is same as period used to determine regular benefits. 		Employment Law Aug. 23, 2012
Sparks v. Vista del Mar Child and Family Services
Former employee is not bound by arbitration clause, which was included in lengthy employee handbook and employee did not specifically acknowledge. 		Employment Law Aug. 21, 2012
Touchstone Television Productions v. Superior Court (Sheridan)
Actress may not sue for wrongful termination in violation of public policy based upon employer’s refusal to renew her employment contract. 		Employment Law Aug. 17, 2012
Fahlen v. Sutter Central Valley Hospitals
Whistleblower doctor is not required to exhaust administrative remedies where such proceedings would provide means for retaliation. 		Employment Law Aug. 15, 2012
Truly Nolen of America v. Superior Court (Miranda)
'Gentry v. Superior Court', which permits invalidation of class action arbitration waivers, remains viable despite 'AT&T Mobility LLC v. Concepcion.' 		Employment Law Aug. 14, 2012
Bullock v. Berrien
Aggrieved employee subject to procedural rules of Title VII exhausts her administrative remedies by filing formal complaint for adjudication by administrative law judge. 		Employment Law Jul. 31, 2012
Sparks v. Vista del Mar Child and Family Services
Former employee is not bound by arbitration clause, which was included in lengthy employee handbook and employee did not specifically acknowledge. 		Employment Law Jul. 31, 2012
Arias v. Kardoulias
Dismissal of employee’s appeal of Labor Commissioner’s decision on jurisdictional grounds is not ‘award of zero’ for purposes of assessing one-way fee shifting provision. 		Employment Law Jul. 27, 2012
Harris v. Superior Court (Liberty Mutual Insurance Co.)
Insurance claims adjusters are not exempt from overtime compensation because they are production workers, performing day-to-day operations of insurance companies. 		Employment Law Jul. 24, 2012
Robles v. Employment Development Dept.
Terminated employee is not disqualified for unemployment compensation benefits because his attempt to buy shoes for friend was not misconduct. 		Employment Law Jul. 17, 2012
Deleon v. Verizon Wireless LLC
Phone company may legally advance commission payments to its sales representatives and recover against future commissions if certain conditions are not met. 		Employment Law Jul. 11, 2012
Mendiola v. CPS Security Solutions Inc.
Trailer guards who stay overnight on job sites in residential trailers must be compensated for all time spent on site, except sleep time. 		Employment Law Jul. 5, 2012
Day v. AT&T Disability Income Plan
Plan administrator correctly reduces benefits based on reasonable determination that employee received pension benefits when he rolled them into IRA. 		Employment Law Jul. 5, 2012
City of San Diego v. Haas
Although ordinance on employee benefits operates retroactively, it is not invalid because it only amends city's municipal code to reflect already existing agreements. 		Employment Law Jul. 2, 2012
Patterson v. Domino's Pizza LLC
Summary judgment is improper on claim for vicarious liability where evidence supported reasonable inference that franchisor exerted control over franchisee. 		Employment Law Jun. 28, 2012
Bilyeu v. Morgan Stanley Long Term Disability Plan
ERISA’s administrative exhaustion requirement is excused where claimant acted reasonably in light of claim administrator’s unclear communications and failure to engage in meaningful dialogue. 		Employment Law Jun. 20, 2012
CGI Technologies and Solutions Inc. v. Rose
In action by employer seeking reimbursement under ERISA, recovery must incorporate equity in addition to contract's terms. 		Employment Law Jun. 20, 2012
Pulli v. Pony International LLC
Existence of invalid release of wage claim does not provide defense to enforcement of arbitration provision contained in same agreement. 		Employment Law Jun. 19, 2012
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