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Melendez v. S.F. Baseball Associates LLC
Where dispute concerns meaning of state labor statute and requires, at most, court to 'look at' collective bargaining agreement, suit not preempted by Labor Management Relations Act. 		Labor Law CASC Apr. 26, 2019
Grimm v. Vortex Marine Construction
District courts lack jurisdiction over merits of litigation disputing Longshore Act compensation orders, which must specify a money allowance or method for calculating it to fall under this limited jurisdiction. 		Labor Law 9th Apr. 17, 2019
Savea v. YRC Inc.
Employer listing its actual recorded fictitious business name and mailing address, omitting a mail stop code and ZIP+4 Code, fully complied with Labor Code Section 226(a)(8). 		Labor Law 1DCA/3 Apr. 12, 2019
Nieto v. Fresno Beverage Co.
A delivery driver working exclusively intrastate, but whose deliveries are part of a continuous flow of interstate commerce, qualifies for the Federal Arbitration Act's Section 1 exemption. 		Labor Law 5DCA Mar. 25, 2019
Moorer v. Noble LA Events Inc.
Plaintiff refused to comply with court's order to distribute 25 percent of penalties to be allocated under the Private Attorney General Act of 2004 to all aggrieved employees; thus, dismissal affirmed. 		Labor Law 2DCA/7 Mar. 1, 2019
Wadler v. Bio-Rad Laboratories
Provisions of the Foreign Corrupt Practices Act are not 'rules or regulations' of the SEC for purposes of Section 806 of the Sarbanes-Oxley Act. 		Labor Law 9th Feb. 27, 2019
Ward v. Tilly's, Inc.
Requiring an employee to call in two hours before the start of an employees on-call shift to determine whether they are needed to work those shifts triggers Wage order No. 7-2001. 		Labor Law 2DCA/3 Feb. 6, 2019
Frost v. BNSF
Jury instruction that defendant could not be liable if it terminated plaintiff due to 'honest belief' that he violated safety rules in retaliation claim was inconsistent with Federal Railroad Safety Act's statutory mandate. 		Labor Law 9th Jan. 31, 2019
Curtis v. Irwin Industries
Plaintiffs' claim was preempted under Section 301 of the Labor Management Relations Act because California overtime law does not apply to an employee working under a qualifying collective bargaining agreement. 		Labor Law 9th Jan. 28, 2019
Duffey v. Tender Heart Home Care Agency
Domestic Worker Bill of Rights' provisions governing which domestic workers are covered by its overtime requirement must be liberally construed; thus trial court erred in exclusively applying common law test. 		Labor Law 1DCA/5 Jan. 15, 2019
Furry v. East Bay Publishing
Because employer failed to keep accurate records of employee's work hours, imprecise evidence by the employee provided a sufficient basis for damages as to overtime claim. 		Labor Law 1DCA/1 Jan. 8, 2019
International Brotherhood of Teamsters v. City of Monterey Park
City breached its duty under Labor Code Section 1072 to award bidding preference only to contractors who declare in their bids they will retain existing employees for at least 90 days. 		Labor Law 2DCA/7 Jan. 8, 2019
Nisei Farmers League v. California Labor and Workforce Development Agency
For a statute to avoid being deemed unconstitutionally vague, it must contain an adequately discernible standard that possesses a reasonable degree of specificity. Detailed specificity is unnecessary. 		Labor Law 5DCA Jan. 7, 2019
Rymel v. Save Mart Supermarkets
Claims that involve rights conferred upon an employee under state law, and do not require a CBA to be interpreted, are not preempted by Labor Management Relations Act Section 301. 		Labor Law 3DCA Jan. 3, 2019
Modification: Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. 		Labor Law 4DCA/1 Jan. 2, 2019
Carrington v. Starbucks Corp.
An aggrieved employee who brings a representative PAGA action 'may seek penalties not only for the Labor Code violation that affected her, but also for different violations that affected other employees.' 		Labor Law 4DCA/1 Dec. 24, 2018
Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. 		Labor Law 4DCA/1 Dec. 12, 2018
Gerard v. Orange Coast Mem. Medical Center
The 'notwithstanding' phrase in former Labor Code Section 516 gives broad powers to the Industrial Welfare Commission; thus, hospital's second meal period waiver policy did not violate Labor Code Section 512(a). 		Labor Law CASC Dec. 11, 2018
Asarco v. United Steel
Arbitrator's decision to reform collective bargaining agreement 'drew its essence' from the agreement, where arbitrator considered 'substantial evidence' from union that mutual mistake occurred. 		Labor Law 9th Dec. 5, 2018
Kaanaana v. Barrett Business Services, Inc.
Employees working during a 30-minute meal period are entitled to a meal period premium, as well as, the legal minimum wage for all time worked during the meal period. 		Labor Law 2DCA/8 Dec. 4, 2018
Amended Opinion: Sali v. Corona Regional Medical Center
District court errs by striking declaration in preliminary stage of a class action, because it may not decline to consider evidence based only on whether or not it would be admissible at trial. 		Labor Law 9th Nov. 28, 2018
Brown v. Ralphs Grocery Company et al.
Plaintiff's notice under Labor Code Section 2699.3(a) was not adequate except for one allegation because it was a string of legal conclusions and did not allege 'facts and theories.' 		Labor Law California Courts of Appeal Nov. 1, 2018
Contractors State Licensing Bd. v. Superior Court
If administrative remedies are provided by statute, relief must be sought from the administrative body and all remedies exhausted before courts will act. 		Labor Law 1DCA/1 Oct. 31, 2018
Certified Tire and Service Centers Wage and Hour Cases
No minimum wage violation when defendant's compensation program paid employees for all hours worked at a rate above minimum wage, regardless of their productivity, and regardless of the type of activity performed. 		Labor Law 4DCA/1 Oct. 5, 2018
Atempa v. Pedrazzani
Both the employer and any 'other person' who causes a violation of the overtime pay or minimum wage laws are subject to specified civil penalties. 		Labor Law 4DCA/1 Oct. 1, 2018
Allied Concrete and Supply v. IBT
California Labor Code Section 1720.9 meets the rational basis test and therefore does not violate the Equal Protection Clause of the Fourteenth Amendment 		Labor Law 9th Sep. 21, 2018
Marsh v. J. Alexander's
The Department of Labor foreclosed an employer's ability to abuse the tip credit provision by promulgating a dual jobs regulation and subsequently interpreting that regulation in the 'Guidance.' 		Labor Law 9th Sep. 19, 2018
Campbell v. City of Los Angeles
Where motion to decertify collective FLSA suit considered at summary judgment stage of litigation, proper standard of review as to whether plaintiffs are 'similarly situated' is, essentially, summary judgment standard. 		Labor Law 9th Sep. 14, 2018
California Trucking Assoc. v. Su
A district court correctly found that the Federal Aviation Authorization Act does not preempt a state law standard for employee/independent contractor classification decisions. 		Labor Law 9th Sep. 11, 2018
American Federation of Musicians of the U.S. and Canada v. Paramount Pictures
The district court erred in granting summary judgment; there was a genuine dispute of material fact whether defendant 'produced' the motion picture, thus breaching its Basic Agreement to score domestically. 		Labor Law 9th Sep. 11, 2018
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