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Dent v. NFL
Plaintiffs' negligence claim regarding alleged violation of federal and state laws governing controlled substances was not preempted by Section 301 of the LMRA because they didn't arise out of Collective Bargaining Agreements and didn't require interpretation. 		Labor Law 9th Sep. 7, 2018
Modification: Troester v. Starbucks Corporation
In answering a question posed by the 9th Circuit this Court held that the relevant California statutes and wage orders have not incorporated the 'de minimis' doctrine found in the Fair Labor Standards Act 		Labor Law CASC Sep. 4, 2018
McCray v. Marriot Hotel Services
Section 301 of the Labor Management Relations Act did not preempt plaintiff's claim; it arose out of a local ordinance and the court did not need to interpret the collective-bargaining agreement. 		Labor Law 9th Sep. 4, 2018
Burkes v. Robertson
A lower court properly dismissed an employer's appeal where the employer filed an appeal, but failed to post the bond required by statute. 		Labor Law 1DCA/5 Aug. 22, 2018
Ehret v. WinCo Foods, LLC
Collective bargaining agreement waiving employees' statutory right to a meal break during shifts of between 5 and 6 hours may properly be upheld as waiver of such right. 		Labor Law 4DCA/2 Aug. 16, 2018
Jackpot Harvesting Co. v. Superior Court (Monterey)
The safe harbor provision of Labor Code section 226.2(b) is clear; it provides a defense to employers for any pre-2016 claims for unpaid rest/nonproductive time. 		Labor Law 6DCA Aug. 16, 2018
Clark v. City of Seattle
Rideshare drivers' claim under Section 8(e) of the National Labor Relations Act was unripe because the 'injury in fact' was neither actual nor imminent due to the absence of a current contract. 		Labor Law 9th Aug. 10, 2018
Fritsch v. Swift Transportation
Potential future attorney fees award may be rightly considered by federal court weighing CAFA $5 million amount-in-controversy threshold. 		Labor Law 9th Aug. 9, 2018
Alaska Airlines v. Schurke
Judgment finding that state law claim is not preempted by Railway Labor Act affirmed where state law claim neither arises entirely from nor requires construction of collective bargaining agreement. 		Labor Law 9th Aug. 2, 2018
Interpipe Contracting v. Becerra
A lower court properly found that Senate Bill 954 was not preempted by the National Labor Relations Act. 		Labor Law 9th Jul. 31, 2018
Troester v. Starbucks Corporation
In answering a question posed by the 9th Circuit this Court held that the relevant California statutes and wage orders have not incorporated the "de minimis" doctrine found in the Fair Labor Standards Act 		Labor Law CASC Jul. 27, 2018
Modification: Skidgel v. California Unemployment Ins. Appeals Bd.
In-Home Supportive Services recipient is the provider's 'sole' employer for purposes of unemployment insurance coverage. 		Labor Law 1DCA/5 Jul. 18, 2018
Coffman v. Queen of the Valley Medical Center
District court did not err when it granted a preliminary injunction against an employer when the National Labor Relations Board alleged that employer impermissibly withdrew recognition of union after bargaining stalls. 		Labor Law 9th Jul. 17, 2018
Nu Image Inc. v. International Alliance of Theatrical Stage Employees
A district court properly held that it lacked subject matter jurisdiction where an employer sought to invalidate part of a collective bargaining agreement but didn't claim a violation of the CBA 		Labor Law 9th Jun. 21, 2018
ASARCO v. United Steel
Party that submits to arbitration and takes no appreciable action to suggest arbitrator's jurisdiction is improper prior to arbitration decision cedes ability to challenge such jurisdiction. 		Labor Law 9th Jun. 20, 2018
Skidgel v. California Unemployment Ins. Appeals Bd.
In-Home Supportive Services recipient is the provider's 'sole' employer for purposes of unemployment insurance coverage. 		Labor Law 1DCA/5 Jun. 18, 2018
Camacho v. Target Corp.
Settlement of workers' compensation claim, and purported resolution of all claims between worker and employer, did not preclude filing of discrimination suit by employee. 		Labor Law 4DCA/1 Jun. 11, 2018
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
'Outcome-determinative' test requires Agricultural Labor Relations Board to make more determinative finding that actions of farming company impacted vote of workers to decertify incumbent union, before election can be nullified. 		Labor Law 5DCA Jun. 4, 2018
Diaz v. Grill Concepts Services, Inc.
Courts lack discretion to waive or reduce waiting time penalties under Labor Code Section 203. 		Labor Law 2DCA/2 May 30, 2018
U.S. Chamber of Commerce v. City of Seattle
Municipal ordinance not 'clearly articulated and affirmatively expressed' state policy and thus does not qualify for state-action immunity under Sherman Act. 		Labor Law 9th May 14, 2018
Maldonado v. Epsilon Plastics
Employer failed to carry burden of showing Alternative Work Schedule was properly adopted where no evidence pre-adoption vote taken. 		Labor Law 2DCA/8 May 10, 2018
Arnaudo Brothers v. ALRB
Where a party raises a disclaimer defense to an unfair labor practices claim based on failure to bargain, a labor organization's disclaimer of interest must be clear and unequivocal. 		Labor Law 5DCA May 8, 2018
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 May 4, 2018
Modification: Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked. 		Labor Law 4DCA/2 Apr. 27, 2018
Serrano v. Aerotek Inc.
Judgment in employer's favor in meal period deprivation action affirmed where employee fails to show that employer is required to do more than implement meal break policy that employee is trained in and that requires employee to report meal period violations. 		Labor Law 1DCA/1 Mar. 27, 2018
Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked 		Labor Law 4DCA/2 Mar. 6, 2018
Cal Fire Local 2881 v. Public Employment Relations Board
State board does not unlawfully fail to meet and confer with employee association regarding changes board makes to its regulations where parties have no employer-employee relationship. 		Labor Law 3DCA Feb. 28, 2018
Local Joint Executive Board v. National Labor Relations Board
The National Labor Relations Board does not have discretion to depart from ordering a standard remedy without supplying a rational explanation 		Labor Law 9th Feb. 28, 2018
Terris v. County of Santa Barbara
Labor Code Section 244, which does not require litigant to exhaust administrative remedies is inapplicable to plaintiff where section only applies to claims before Labor Commissioner. 		Labor Law 2DCA/6 Feb. 20, 2018
Mora v. Webcor Construction, L.P.
Employer contributions to collectively-bargained employee vacation fund are not wages under Section 226(a); need not be displayed on bi-weekly paychecks with specific hourly rate of pay. 		Labor Law 1DCA/5 Feb. 7, 2018
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