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Ruiz v. Affinity Logistics Corp.
In determining whether individuals were employees or independent contractors, court errs in applying parties' Georgia choice of law provision in employment agreement. 		Employment Law Feb. 9, 2012
Neves v. California Dept. of Corrections and Rehabilitation
Notice advising correctional officer of recommended penalty does not trigger 30-day notice, which Dept. was required to give prior to imposing discipline. 		Employment Law Feb. 2, 2012
Muldrow v. Surrex Solutions Corp.
Employment recruiters, who received portion of revenue that their employer earned from successful placements, are exempt from overtime pay. 		Employment Law Jan. 25, 2012
Leeson v. Transamerica Disability Income Plan
Former employee's colorable claim, alleging that he had been long-term disability income plan participant, is enough to establish federal subject matter jurisdiction. 		Employment Law Jan. 24, 2012
Joaquin v. City of Los Angeles
Employee fails to introduce substantial evidence of retaliatory intent following termination due to false charges of sexual harassment against supervisor. 		Employment Law Jan. 24, 2012
LaGrone v. City of Oakland
Port's unilateral decision to rename job description does not disqualify employee from transferring to city position with same classification. 		Employment Law Jan. 13, 2012
Shelley v. Geren
Summary judgment in age discrimination claim is improper where employee presented prima facie case and evidence of pretext sufficient to create material dispute. 		Employment Law Jan. 13, 2012
Mize-Kurzman v. Marin Community College District
California whistleblower statutes do not include federally-based limitation requiring plaintiff to prove that disclosure was for public good, rather than personal reasons. 		Employment Law Jan. 12, 2012
Arnold v. Mutual of Omaha Insurance Co.
Nonexclusive insurance agent is not entitled to employee benefits because no employer-employee relationship exists if agent is not monitored or supervised. 		Employment Law Jan. 4, 2012
Harris v. Superior Court (Liberty Mutual Insurance Co.)
In determining whether certain insurance claims adjusters are exempt employees, not entitled to overtime pay, court improperly relies on administrative/production worker dichotomy. 		Employment Law Dec. 30, 2011
Robinson v. City of Chowchilla
City violates Public Safety Officers Procedural Bill of Rights Act by removing police chief absent notice, statement of reasons, and opportunity for appeal. 		Employment Law Dec. 27, 2011
Aleman v. AirTouch Cellular
Prevailing employer may not recover attorney fees where split shift compensation claim fell within minimum wage regulation allowing one-way fee shifting rule. 		Employment Law Dec. 22, 2011
Cordero-Sacks v. Housing Authority of the City of Los Angeles
Governmental entity employer may be liable under False Claims Act for retaliatory discharge of employee following her assistance in investigation of false claim. 		Employment Law Dec. 16, 2011
Sullivan v. Oracle Corp.
Application of overtime provisions in California Labor Code to work performed in California by out-of-state plaintiffs does not violate Due Process Clause or Dormant Commerce Clause. 		Employment Law Dec. 14, 2011
Henry v. Red Hill Evangelical Lutheran Church of Tustin
Religious association is not liable for wrongful termination where employee’s termination was due to violation of church precept. 		Employment Law Dec. 13, 2011
Johnson v. Board of Trustees of the Boundary County School District No. 101
Disabled individual failing to independently satisfy job prerequisite is not qualified for position, and therefore, employer is not obligated to accommodate. 		Employment Law Dec. 9, 2011
Durand v. U.S. Dept. of Labor
Federal Employee Compensation Act beneficiary may not deduct litigation costs from refund of benefits owed to United States following settlement of civil action. 		Employment Law Nov. 18, 2011
Fuentes v. AutoZone Inc.
Jury’s verdict in favor of plaintiff is supported where plaintiff’s testimony was not inherently improbable and evidence of pervasive sexual harassment existed. 		Employment Law Nov. 17, 2011
Haligowski v. Superior Court (Pantuso)
Military and Veterans Code Section 394 allows members of armed forces to hold their employers, but not individual employees, liable for discrimination. 		Employment Law Nov. 14, 2011
Reliable Tree Experts v. Baker (California Dept. of Transportation)
Tree pruning and removal services performed along state highways constitute ‘maintenance work’ subject to Prevailing Wage Law. 		Employment Law Nov. 9, 2011
Jaramillo v. County of Orange
Court properly awards back pay for period of time between termination and employee's conviction of felony, which would have resulted in discharge anyway. 		Employment Law Nov. 9, 2011
Brennan v. Townsend & O’Leary Enterprises Inc.
Motion for judgment notwithstanding verdict is properly granted where sporadic incidents of alleged sexual conduct did not amount to pervasive harassment creating hostile work environment. 		Employment Law Oct. 18, 2011
Nicholas Laboratories LLC v. Chen
Employer is not required to indemnify former employee for attorney fees incurred by employee during successful defense of action brought by employer. 		Employment Law Oct. 12, 2011
Earl v. Nielsen Media Research Inc.
Summary judgment is improper where plaintiff raises triable issue that employer’s reason for termination was pretext for unlawful age discrimination. 		Employment Law Sep. 26, 2011
Lopez v. Pacific Maritime Association
Plaintiff’s claims for disparate treatment and impact fail where he did not present some evidence of one-strike rule's disparate impact on recovered addicts. 		Employment Law Sep. 21, 2011
Solis v. State of Washington Dept. of Social and Health Services
Social workers do not come within 'learned professional' exemption from overtime pay where position required degree or coursework in one of several academic disciplines. 		Employment Law Sep. 12, 2011
Stillman v. Board of Retirement of the Fresno County Employees’ Retirement Association
Retirement association must determine compensation upon which retirement benefit is based from Government Code definition of ‘compensation,’ which excludes employer pickup. 		Employment Law Sep. 2, 2011
Withrow v. Bache Halsey Stuart Shield Inc.
ERISA claim is not untimely where claimant does not have reason to know of benefit denial until insurer denies appeal. 		Employment Law Aug. 24, 2011
Zelasko-Barrett v. Brayton-Purcell LLP
Professional exemption from overtime pay applies to law school graduate performing legal services, who was not yet licensed to practice law. 		Employment Law Aug. 18, 2011
Rogers v. County of Los Angeles
Employee’s claim of interference with medical leave is barred where employee failed to return to work upon end of her 12-week protected leave. 		Employment Law Aug. 17, 2011
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