Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 |
|
Dec. 22, 2010 | |
B218275
|
Azusa Land Partners v. Dept. of Industrial Relations
Construction of public facilities paid with bonds pursuant to contract between city and developer constitutes ‘public work’ subject to prevailing wage laws. |
Employment Law |
|
Dec. 21, 2010 | |
H032576
|
Turman v. Turning Point of Central California
Employer must take corrective action to alleviate hostile work environment even if harassment by prisoners was inherently part of victim’s job. |
Employment Law |
|
Dec. 21, 2010 | |
08-35531
|
Daniels-Hall v. National Education Association
Public labor employee union does not establish or maintain employee pension benefit plan under ERISA by endorsing certain tax sheltered annuities. |
Employment Law |
|
Dec. 20, 2010 | |
B215110
|
Futrell v. Payday California Inc.
Payroll processing company operating is not plaintiff's employer for purposes of alleged Labor Code and Fair Labor Standards Act violations. |
Employment Law |
|
Dec. 16, 2010 | |
08-16645
|
Knox v. California State Employees Association
Union properly notifies nonmembers of estimated fees based on previous year’s spending and is not required to send additional notice of temporary increase. |
Employment Law |
|
Dec. 12, 2010 | |
09-35003
|
Rosas v. The Corp. of the Catholic Archbishop of Seattle
Plaintiff who entered seminary to become priest and performed duties to prepare for ordination is 'minister’ for purpose of ministerial exception to employment laws. |
Employment Law |
|
Dec. 12, 2010 | |
B225089
|
Taylor v. United Parcel Service Inc.
Employee who performed non-manual managerial duties is exempt from overtime pay and related benefits. |
Employment Law |
|
Dec. 9, 2010 | |
09-73725
|
Coppinger-Martin v. Solis
Statute of limitations on employee’s whistleblower protection claim under Sarbanes-Oxley Act of 2002 begins when employee knows of actual injury or retains counsel. |
Employment Law |
|
Nov. 30, 2010 | |
09-16167
|
Gordon v. City of Oakland
City does not violate minimum wage provisions of Fair Labor Standards Act by requiring employee to reimburse it for training costs after resigning. |
Employment Law |
|
Nov. 21, 2010 | |
S170758
|
Pineda v. Bank of America N.A.
Three-year statute of limitations applies when employee only seeks penalties for failure to timely pay final wages under Labor Code Section 203. |
Employment Law |
|
Nov. 18, 2010 | |
B220016
|
Bright v. 99 Cents Only Stores
Violation of wage order requiring suitable seating is violation of Labor Code Section 1198 for which civil penalties are available. |
Employment Law |
|
Nov. 14, 2010 | |
09-55764
|
Stiefel v. Betchel Corp.
Plaintiff's discrimination claim fails where he did not show reasonable belief that employer was so biased that resort to hiring procedures would have been futile. |
Employment Law |
|
Nov. 1, 2010 | |
H032186
|
McCaskey v. California State Automobile Association
Summary judgment is improper where interpretation of employment contract involves question of material fact as to employer’s right to unilaterally terminate employment policy. |
Employment Law |
|
Oct. 31, 2010 | |
B216004
|
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 |
|
Oct. 28, 2010 | |
A124912
|
Shelden v. Marin County Employees Retirement Association
Retirement benefit calculation properly excludes overtime pay that employee earned by volunteering to work on his day off. |
Employment Law |
|
Oct. 24, 2010 | |
C063811
|
Siskiyou County v. State Personnel Board (Duncan)
Court errs in substituting own judgment in place of State Personnel Board’s decision when deciding penalty for public employee’s misconduct. |
Employment Law |
|
Oct. 7, 2010 | |
08-35413
|
Sullivan v. Dollar Tree Stores Inc.
Employee is ineligible for protection under Family and Medical Leave Act because new employer is not ‘successor in interest’ to former employer. |
Employment Law |
|
Sep. 28, 2010 | |
08-55483
|
Wang v. Chinese Daily News Inc.
Journalists who hardly do any investigative reporting do not qualify under ‘creative professional exemption’ and are entitled to overtime pay. |
Employment Law |
|
Sep. 28, 2010 | |
A125679
|
California Correctional Peace Officers’ Association v. State of California
Public employees may not bring action against public employers for violations of Labor Code provisions not expressly made applicable to public entities. |
Employment Law |
|
Sep. 20, 2010 | |
09-35974
|
Braswell v. Shoreline Fire Dept.
Court errs in dismissing claim that employer violated employee’s liberty interest in pursuing career as paramedic by revoking his permission to practice. |
Employment Law |
|
Sep. 17, 2010 | |
08-16984
|
Alday v. Raytheon Co.
Despite expiration of collective bargaining agreements, company expressly agrees to continue paying early retirees medical insurance premiums until they reach age 65. |
Employment Law |
|
Sep. 8, 2010 | |
D055549
|
Sandell v. Taylor-Listug Inc.
Employer is not entitled to summary judgment where employee produced admissible evidence, which reasonably inferred that termination was based on discriminatory motive. |
Employment Law |
|
Sep. 8, 2010 | |
07-17221
|
EEOC v. Prospect Airport Services Inc.
Summary judgment in favor of employer on male employee's sexual harassment claim is improper where female co-worker made repeated unwelcome sexual overtures. |
Employment Law |
|
Sep. 7, 2010 | |
08-56874
|
U.S. EEOC v. UPS Supply Chain Solutions
Summary judgment in favor of employer is improper where employer failed to provide interpreter for deaf employee who had limited English skills. |
Employment Law |
|
Aug. 30, 2010 | |
08-15903
|
Hawn v. Executive Jet Management Inc.
No sexual discrimination exists where male pilots are terminated for inappropriate conduct leading to complaint by female flight attendant. |
Employment Law |
|
Aug. 17, 2010 | |
B216847
|
Trustees of Southern California IBEW-NECA Pension Plan v. Los Angeles Unified School District
Agency that has awarded public works project is required to produce personal employee information contained in third-party certified payroll records. |
Employment Law |
|
Aug. 17, 2010 | |
B215179
|
Silguero v. Creteguard Inc.
Subsequent employer’s agreement to enforce previous employer’s invalid noncompetition agreement limits employee’s mobility in employment against public policy. |
Employment Law |
|
Aug. 17, 2010 | |
S171442
|
Lu v. Hawaiian Gardens Casino Inc.
Labor Code Section 351, prohibiting employers from taking gratuity left to employees, is not subject to employee-initiated private cause of action. |
Employment Law |
|
Aug. 10, 2010 | |
B214685
|
Khan v. Los Angeles City Employees’ Retirement System
No reciprocity exists between agency retirement systems where one agency does not have mutual reciprocal agreement with state’s Public Employees’ Retirement System. |
Employment Law |
|
Aug. 4, 2010 |