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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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