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Salas v. Sierra Chemical Co.
After-acquired-evidence doctrine bars employee’s claims where employer would have refused to hire employee based on use of counterfeit Social Security card. 		Employment Law Aug. 10, 2011
Pantoja v. Anton
‘Me-too’ evidence is erroneously excluded where acts of defendant’s harassment show discriminatory or biased intent based on gender. 		Employment Law Aug. 10, 2011
Paton v. Advanced Micro Devices Inc.
Summary judgment is improper where evidence does not conclusively show employer’s sabbatical program did not qualify as vacation under Labor Code. 		Employment Law Aug. 8, 2011
Walls v. Central Contra Costa Transit Authority
Employer denies public employee due process where employee did not receive pre-termination hearing, and post-termination procedures were inadequate. 		Employment Law Aug. 4, 2011
Castillo v. Toll Bros. Inc.
Court erroneously grants subcontractor summary judgment where employee raised triable issue of fact with respect to sufficiency of contractor’s ability to pay wages. 		Employment Law Jul. 29, 2011
Hensel Phelps Construction Co. v. San Diego Unified Port District
Prevailing wage law applies to construction project where lease between public corporation and owner provided baseline rent that was reduced by 'rent credit.' 		Employment Law Jul. 27, 2011
Brown v. Ralphs Grocery Co.
Decision holding that Federal Arbitration Act preempts California law regarding class action waiver does not apply to contractual waiver of private attorney general claim. 		Employment Law Jul. 21, 2011
Brown v. Ralphs Grocery Co.
Decision holding that Federal Arbitration Act preempts California law regarding class action waiver does not apply to contractual waiver of private attorney general claim. 		Employment Law Jul. 13, 2011
Securitas Security Services USA Inc. v. Superior Court (Holland)
Employees working uninterrupted overnight shifts on consecutive days do not work ‘split shifts,’ which would entitle them to split-shift pay. 		Employment Law Jul. 8, 2011
Soderstedt v. CBIZ Southern California LLC
Court properly denies class certification to accounting associates, who alleged misclassification, where they worked in firm with multiple locations and held varied positions. 		Employment Law Jul. 8, 2011
Barboza v. California Association of Professional Firefighters
Claim for disability benefits is deemed exhausted under ERISA where plan failed to render decision within 90 days of administrative appeal. 		Employment Law Jul. 1, 2011
Probert v. Family Centered Services of Alaska Inc.
Overtime provisions in Fair Labor Standards Act do not cover organization that operates homes where 'house parents' provided residences for emotionally disturbed children. 		Employment Law Jun. 23, 2011
Cyr v. Reliance Standard Life Insurance Co.
ERISA claim for increased benefits is not limited to benefits plan or plan administrator, and third-party insurer is proper defendant. 		Employment Law Jun. 22, 2011
Borough of Duryea v. Guarnieri
Government employer's allegedly retaliatory actions do not give rise to liability under Petition Clause unless petition related to matter of public interest. 		Employment Law Jun. 20, 2011
Wal-Mart Stores Inc. v. Dukes
Certification of class of female employees, who alleged that employer engaged in discrimination by allowing disparate treatment, is improper due to lack of commonality. 		Employment Law Jun. 20, 2011
Campbell v. PricewaterhouseCoopers LLP
Unlicensed accountants are not categorically ineligible for overtime pay under California’s professional exemption from overtime pay. 		Employment Law Jun. 15, 2011
Kelley v. The Conco Companies
Summary adjudication against plaintiff on retaliation claim is improper where triable issues existed as to whether harassment by coworkers was sufficiently severe. 		Employment Law Jun. 8, 2011
Quinn v. U.S. Bank NA
National Bank Act's 'at pleasure' clause preempts Fair Employment and Housing Act to extent disability provisions exceed Americans with Disability Act requirements. 		Employment Law Jun. 7, 2011
Hall-Villareal v. City of Fresno
Due process requires that good-cause exception for late-filed appeals be read into administrative procedures where case involved right to continued employment. 		Employment Law Jun. 3, 2011
United Parcel Service v. Superior Court (Allen)
Employer must make separate payments to employees for failure to provide meal periods and for failure to provide rest periods. 		Employment Law Jun. 3, 2011
Lewis v. United States of America
Employee fails to comply with Family Medical Leave Act requirements by failing to provide facts supporting her diagnosis for unpaid leave. 		Employment Law May 27, 2011
Areso v. CarMax Inc.
Car dealer’s practice of rewarding sales consultants with uniform payment for each car sold constitutes ‘commission’ exempting company from paying overtime. 		Employment Law May 23, 2011
CIGNA Corp. v. Amara
Court has authority to reform pension plan to remedy false or misleading information provided to beneficiaries as equitable relief under ERISA Section 503. 		Employment Law May 17, 2011
Wills v. Superior Court
Disability discrimination claim fails where employee was fired due to verbal threats and threatening conduct against co-workers, which violated workplace policy. 		Employment Law May 13, 2011
Flores v. Lamps Plus Inc.
Court properly denies class certification where individual issues predominate over common issues regarding employees’ alleged denial of meal and rest breaks. 		Employment Law May 11, 2011
California Attorneys v. Brown
Governor lacks authority to mandate furloughs for State Compensation Insurance Fund employees. 		Employment Law May 6, 2011
Cuiellette v. City of Los Angeles
Liability for disability discrimination is properly based on employee’s ability to perform ‘light duty’ position, which was regularly given to individuals with medical restrictions. 		Employment Law Apr. 24, 2011
Mora v. Big Lots Stores Inc.
Motion to certify class of managers is properly denied where employer did not operate store in standardized manner and did not systematically misclassify managers. 		Employment Law Apr. 18, 2011
Seymore v. Metson Marine Inc.
Court errs in granting employer summary judgment where issues exist as to whether ‘stand-by’ time counts toward ‘hours worked’ and should be compensated. 		Employment Law Apr. 17, 2011
Leek v. Cooper
Plaintiffs fail to adequately plead alter ego theory in complaint alleging age discrimination in violation of California Fair Employment and Housing Act. 		Employment Law Apr. 17, 2011
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