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Clifford v. Quest Software Inc.
Under Business and Professions Code Section 172001, agreements to arbitrate claims for private injunctive relief are barred in California, but private injunctive relief may be arbitrated. 		Employment Law 4DCA/3 Aug. 16, 2019
L'Chaim House, Inc. v. Div. of Labor Standards Enforcement
Under Wage Order No. 5, subdivision 11(A) of the California Labor Code, an employer must provide its employees with on-duty meal breaks for at least 30 minutes. 		Employment Law 1DCA/1 Aug. 2, 2019
Ortiz v. Dameron Hospital Assn.
Employer's disparaging comments about an employee's ability to speak English amounted to discriminatory harassment under California's Fair Employment and Housing Act. 		Employment Law 3DCA Jul. 19, 2019
Rodriguez v. Nike Retail Services
District court erred granting summary judgment for defendant because, under 'Troester v. Starbucks Corp.', the federal de minimis doctrine does not apply to California wage and hour statutes or regulations. 		Employment Law 9th Jul. 1, 2019
Ross v. County of Riverside
Repeated or extended absences from work for medical appointments amount to a limitation on the major life activity of working for disability analysis under the Fair Employment and Housing Act. 		Employment Law 4DCA/1 Jun. 21, 2019
Ross v. County of Riverside
Plaintiff provided sufficient evidence such that defendant should not have been granted summary judgment on his Labor Code Section 1102.5 and Fair Employment and Housing Act claims. 		Employment Law 4DCA/1 Jun. 12, 2019
Fort Bend County, Texas v. Davis
Title VII's charge-filing requirement is a processing rule, albeit a mandatory one, not a jurisdictional prescription delineating the adjudicatory authority of courts. 		Employment Law USSC Jun. 4, 2019
Strouse v. Webcor Construction
CACI No. 1009B's use of substantial-factor-causation rather than "affirmative contribution" causation did not prejudice defendant, and any perceived error regarding the jury instruction was harmless. 		Employment Law 1DCA/3 Apr. 26, 2019
Acosta v. City National Corp.
Additional offsets from a self-dealing damages award will not be awarded when the party seeking offsets cites estimated or average expenses incurred rather than adequate records of actual expenses. 		Employment Law 9th Apr. 24, 2019
Subcontracting Concepts (CT), LLC v. De Melo
Due to numerous unconscionable provisions, the trial court did not abuse its discretion when it deemed the entire employee arbitration agreement unenforceable. 		Employment Law 1DCA/2 Apr. 12, 2019
Diaz v. Sohnen Enterprises
An at-will employee who continues to work after the employer has given notice of changed terms or conditions of employment has accepted the changed terms and conditions. 		Employment Law 2DCA/7 Apr. 11, 2019
Bravo v. RADC Enterprises, Inc.
The choice-of-law clause in an arbitration agreement that states "the laws of the State of California will apply" is consistent with the parties' intent to arbitrate all disputes. 		Employment Law 2DCA/8 Apr. 2, 2019
Zakaryan v. The Men's Warehouse, Inc.
No portion of a Private Attorneys General Act claim is "private" and PAGA claims cannot be split into separate claims for underpaid wages and for per-pay-period penalties. 		Employment Law 2DCA/2 Apr. 1, 2019
Johnson v. Raytheon Co.
An independent contractor's employee who suffers a work-related injury and seeks recovery from the contractor's hirer must meet either the *Hooker* or *Kinsman* exception to *Privette*. 		Employment Law 2DCA/8 Mar. 29, 2019
Salgado v. Carrows Restaurants Inc.
That arbitration agreement was signed after initial filing of plaintiff's suit does not preclude its enforceability; but reconsideration necessary as to whether plaintiff was represented by counsel when presented with agreement to sign. 		Employment Law 2DCA/6 Mar. 27, 2019
BNSF R. Co. v. Loos
Lost wages awarded to an injured railroad worker under the Federal Employers' Liability Act are generally "compensation" under the Railroad Retirement Tax Act, and are thus taxable. 		Employment Law USSC Mar. 5, 2019
Economy v. Sutter East Bay Hospitals
Trial court properly determined that hospital violated plaintiff's statutory and common law right to due process by substantially restricting his medical privileges without notice and a hearing. 		Employment Law 1DCA/4 Feb. 6, 2019
Gilberg v. California Check Cashing Stores
Satisfying the Fair Credit Reporting Act's 'standalone document requirement' requires an employer who obtains a consumer report on a job applicant to give a disclosure form consisting solely of a FCRA disclosure. 		Employment Law 9th Jan. 30, 2019
GCIU Employer Ret. Fund v. Quad/Graphics
District court correctly calculates an employer's retirement fund withdrawal liability under the Multiemployer Pension Plan Amendments Act by applying a partial withdrawal credit before implementing a yearly payment limitation. 		Employment Law 9th Dec. 10, 2018
Wilmot v. Contra Costa County Employees' Retirement Assn.
For purposes of County Employees Retirement Law of 1937, a public employee who has submitted an application for retirement is not officially retired until approval by the board; thus, forfeiture provision applied. 		Employment Law 1DCA/2 Dec. 5, 2018
Acosta v. Brain
Trial court did not err in concluding that an employee's participation in a Department of Labor investigation is a protected activity under the Employee Retirement Income Security Act (ERISA). 		Employment Law 9th Dec. 5, 2018
Hernandez v. Pacific Bell Telephone Co.
Employee is not subject to the employer's control within the definition of 'hours worked' for purposes of compensation while voluntarily using employer provided transportation. 		Employment Law California Courts of Appeal Nov. 19, 2018
Modification: Garcia v. Border Transportation Group, LLC
Summary adjudication was improper as to plaintiff's wage order claims; under 'ABC test,' defendants failed to present evidence to show that plaintiff provided services for other entities 'independently.' 		Employment Law 4DCA/1 Nov. 15, 2018
Manavian v. Dept. of Justice
Protections under the Public Safety Officers Procedural Bill of Rights Act do not apply to the termination of career executive assignment positions as a matter of law. 		Employment Law 3DCA Nov. 9, 2018
AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.
Trial court properly granted summary judgment against competitor employer's seeking to restrain former employs via a non-compete agreement against public policy and Business & Professions Code. 		Employment Law 4DCA/1 Nov. 5, 2018
Garcia v. Border Transportation Group, LLC
Summary adjudication was improper as to plaintiff's wage order claims; under 'ABC test,' defendants failed to present evidence to show that plaintiff provided services for other entities 'independently.' 		Employment Law 4DCA/1 Oct. 23, 2018
San Francisco Police Officers' Assn. v. San Francisco Police Com.
A use of force policy is as closely akin to a managerial decision as any decision can be in running a police department 		Employment Law 1DCA/2 Sep. 28, 2018
American Airlines v. Mawhinney
Department of Labor independent investigations do not subject the investigated party to the waiver of any arbitration right it has in regards to the claims being investigated 		Employment Law 9th Sep. 27, 2018
Sumner v. Simpson University
The ministerial exception does not bar breach of contract claims so long as such claims do not require a review of the employee's religious qualifications or performance. 		Employment Law 3DCA Sep. 26, 2018
Modification: Lacagnina v. Comprehend Systems, Inc.
An 'at will' provision in an employment contract does not mean an employer can avoid tort liability for fraudulent inducement of contract based on the contract's inclusion of said provision. 		Employment Law 1DCA/4 Aug. 16, 2018
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