Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G043054
|
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 |
|
Apr. 14, 2011 | |
10-35205
|
Bobadilla-German v. Bear Creek Orchards Inc.
Lodging costs are improperly credited toward workers’ minimum wage when lodging was necessary for employer’s needs and not provided for workers’ ‘private benefit.’ |
Employment Law |
|
Apr. 12, 2011 | |
09-56283
|
Zeinali v. Raytheon Co.
Court has jurisdiction over discriminatory termination claim because employee disputed employer’s security clearance requirement, not executive branch's denial of clearance. |
Employment Law |
|
Apr. 4, 2011 | |
09-834
|
Kasten v. Saint-Gobain Performance Plastics Corp.
Act’s protection against employer retaliation covers oral complaints made by employee regarding placement of timeclocks, which prevented employees from receiving proper credit. |
Employment Law |
|
Mar. 23, 2011 | |
08-35996
|
Sanders v. City of Newport
Jury instruction that placed additional burden on plaintiff to prove that employer’s denial of reinstatement was without cause is erroneous and warrants reversal. |
Employment Law |
|
Mar. 18, 2011 | |
B215860
|
Hall v. Goodwill Industries of Southern California
Limitations period for bringing wrongful termination claim runs from date Dept. of Fair Employment and Housing issues right-to-sue notice, not when claimant receives notice. |
Employment Law |
|
Mar. 17, 2011 | |
B218306
|
Candari v. Los Angeles Unified School District
Back pay award is proper where school district fails to show comparable position was available to employee after termination in support of 'failure to mitigate' defense. |
Employment Law |
|
Mar. 9, 2011 | |
09-55698
|
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 |
|
Mar. 3, 2011 | |
09-400
|
Staub v. Proctor Hospital
Employer is liable for discriminating against employee where supervisors performed acts motivated by antimilitary animus, which proximately caused termination. |
Employment Law |
|
Mar. 2, 2011 | |
09-17091
|
Adam v. Norton
Back Pay Act waives federal government’s sovereign immunity from liability for interest for plaintiff’s prevailing action under Age Discrimination in Employment Act. |
Employment Law |
|
Mar. 2, 2011 | |
E050596
|
Riverside Sheriffs' Association v. County of Riverside
Public safety officer is entitled to appeal of termination despite rescission because officer had been denied wages and benefits of employment. |
Employment Law |
|
Mar. 1, 2011 | |
A127489
|
Seymore v. Metson Marine Inc.
Court errs in granting employer summary judgment where issues exist as to whether ‘stand-by’ time counts towards ‘hours worked’ and should be compensated. |
Employment Law |
|
Mar. 1, 2011 | |
S174475
|
Sonic-Calabasas A Inc. v. Moreno
Arbitration agreement waiving employee’s statutory right to hearing is unenforceable as contrary to public policy. |
Employment Law |
|
Feb. 25, 2011 | |
B217156
|
Hodge v. Aon Insurance Services
Claims adjusters who handle complex claims for insurance-related entities perform administrative duties and are exempt from overtime pay. |
Employment Law |
|
Feb. 25, 2011 | |
B221709
|
McGann v. United Parcel Service Inc.
Prevailing defendant is not precluded from seeking statutory attorney fees under Labor Code where unpaid overtime compensation is just one of employee-plaintiff’s claims. |
Employment Law |
|
Feb. 25, 2011 | |
B227190
|
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 |
|
Feb. 17, 2011 | |
10-15257
|
Christopher v. SmithKline Beecham Corp.
Sales representatives, who promote prescription drugs to physicians on behalf of pharmaceutical company, are properly classified as ‘outside salesmen’ and exempt from overtime pay. |
Employment Law |
|
Feb. 15, 2011 | |
B218171
|
Arechiga v. Dolores Press Inc.
Janitor who entered into explicit mutual wage agreement with employer cannot seek payment for overtime wages when salary covered overtime work. |
Employment Law |
|
Feb. 8, 2011 | |
G042940
|
Trovato v. Beckman Coulter Inc.
Absent evidence of continuing unlawful conduct after lapse of statute of limitations, complaint for retaliation filed after limitations period is barred. |
Employment Law |
|
Jan. 31, 2011 | |
H034994
|
Heritage Residential Care Inc. v. Division of Labor Standards Enforcement
Penalties are properly assessed against employer where failure to issue itemized wage statements to employees was not inadvertent, but intentional. |
Employment Law |
|
Jan. 27, 2011 | |
B218660
|
County of Orange v. Association of Orange County Deputy Sheriffs
Enhanced retirement changes made to public employee’s pension, which are applied retroactively, do not constitute extra compensation in violation of state constitution. |
Employment Law |
|
Jan. 27, 2011 | |
09-291
|
Thompson v. North American Stainless LP
Plaintiff has standing under Civil Rights Act Title VII for unlawful retaliation where termination was based on fiancée’s sexual discrimination charge against employer. |
Employment Law |
|
Jan. 25, 2011 | |
S177075
|
Cortez v. Abich
Extensive home remodeling is not within statutory exception of ‘household domestic service,’ which would allow defendants to escape liability for employee’s injury. |
Employment Law |
|
Jan. 25, 2011 | |
09-36110
|
Collins v. Gee West Seattle LLC
Employees’ departure due to company closing down is consequence of shutdown, rather than 'voluntary,' and is considered 'loss of employment.' |
Employment Law |
|
Jan. 24, 2011 | |
09-35856
|
Clairmont v. Sound Mental Health
Employee of court's independent contractor sufficiently states retaliation claim based on termination after giving subpoenaed testimony. |
Employment Law |
|
Jan. 20, 2011 | |
B223184
|
Home Depot U.S.A. Inc. v. Superior Court (Harris)
Employer’s failure to provide seats where work conditions allow for accommodation violates Labor Code and entitles plaintiff to civil penalties. |
Employment Law |
|
Jan. 11, 2011 | |
E050065
|
Hendrix v. Superior Court
Official court reporters are not entitled to higher compensation rate when directed to recreate previously transcribed transcripts. |
Employment Law |
|
Jan. 11, 2011 | |
09-35844
|
Dawson v. Entek International
Close proximity in time between employee’s exercise of protected activity and termination creates prima facie case for retaliation claim. |
Employment Law |
|
Jan. 10, 2011 | |
08-16374
|
Munoz v. Mabus
Court does not have jurisdiction over breach of settlement agreement claim arising out of adverse decision from Equal Employment Opportunity Commission. |
Employment Law |
|
Dec. 27, 2010 | |
G041956
|
Sheppard v. North Orange County Regional Occupational Program
Minimum wage provision under Industrial Welfare Commission’s wage order applies to public employees where order contains express exemption from general inapplicability rule. |
Employment Law |
|
Dec. 26, 2010 |