Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D068500
|
Ramos v. Garcia
Labor Code's two-way fee shifting provision does not allow award of attorney fees to prevailing 'co-employee' whom plaintiff-employee erroneously sued as his 'employer.' |
Labor Law |
|
Jun. 30, 2016 | |
15-415
|
Encino Motorcars LLC v. Navarro
Ninth Circuit erroneously placed controlling weight on Labor Department's interpretation of 29 U.S.C. Section 213(b)(10)(A), concerning overtime pay to car dealer service advisors under FLSA. |
Labor Law |
|
Jun. 20, 2016 | |
14-55250
|
Southwest Regional Council of Carpenters v. Drywall Dynamics Inc.
In labor law case, district court exceeds its authority in vacating arbitration award based on arbitrator's 'implausible' contractual interpretation and on public policy grounds. |
Labor Law |
|
May 20, 2016 | |
S232607
|
Alvarado v. Dart Container Corporation of California
What is the proper method for calculating the rate of overtime pay when an employee receives both an hourly wage and a flat sum bonus? |
Labor Law |
|
May 13, 2016 | |
F069896
|
Gerawan Farming Inc. v. Agricultural Labor Relations Board et al.
California Labor Code Section 1164.9, which purports to eliminate superior court jurisdiction to review decisions of Agricultural Labor Relations Board, is unconstitutional. |
Labor Law |
|
May 11, 2016 | |
B264440
|
Chorn v. Workers’ Compensation Appeals Board (Harris)
Petitioners lack standing to enjoin enforcement of Labor Code provisions relating to the lien claims system; moreover, challenged provisions do not violate constitution. |
Labor Law |
|
Apr. 22, 2016 | |
D066237
|
San Diego Housing Commission v. Public Employment Relations Board (Service Employees International Union, Local 221)
Mayers-Milias-Brown Act's fact-finding provisions apply to impasses arising during negotiation of any bargainable matter, not just MOU negotiations. |
Labor Law |
|
Apr. 1, 2016 | |
B264440
|
Chorn v. Workers’ Compensation Appeals Board (Harris)
Petitioners lack standing to enjoin enforcement of Labor Code provisions relating to the lien claims system; moreover, challenged provisions do not violate constitution. |
Labor Law |
|
Mar. 30, 2016 | |
H039367
|
Ling v. P.F. Chang’s China Bistro Inc.
Where arbitrator should not have awarded defendant employer statutory attorney fees, court properly corrects award and remands to arbitrator to determine reasonable fees and costs. |
Labor Law |
|
Mar. 28, 2016 | |
14-1146
|
Tyson Foods, Inc. v. Bouaphakeo
Tyson Foods unsuccessful in overturning judgment certifying and maintaining class of meat-processing plant employees. |
Labor Law |
|
Mar. 23, 2016 | |
13-35912
|
Hooks v. Kitsap Tenant Support Services
Court properly dismisses National Labor Relations Board's 10(j) petition where Acting General Counsel lacks authority to authorize petition. |
Labor Law |
|
Mar. 8, 2016 | |
14-181
|
Gobeille v. Liberty Mutual Insurance Co.
Judgment in favor of insurance company providing health care services affirmed where Vermont law requiring reporting of certain health data preempted by ERISA. |
Labor Law |
|
Mar. 2, 2016 | |
13-35765
|
Oregon Rest. & Lodging Ass'n v. Perez
Department of Labor's rule promulgated in response to 2010 appellate opinion interpreting statutory silence within Fair Labor Standards Act is not foreclosed by that opinion; is entitled to 'Chevron' deference. |
Labor Law |
|
Feb. 23, 2016 | |
C076700
|
Bains v. Dept. of Industrial Relations
Comparatively generous wage order, pertaining to overtime due to workers preparing produce for market, applies to workers in drying sheds who prepare prunes for market. |
Labor Law |
|
Feb. 17, 2016 | |
14-35368
|
Sanders v. Energy Northwest
Energy worker's difference of opinion regarding severity level designation of known safety concern is insufficient to support whistleblower claim under Energy Reorganization Act. |
Labor Law |
|
Feb. 16, 2016 | |
E061645
|
Alvarado v. Dart Container Corp. of California
Summary judgment properly granted in employer's favor where it lawfully uses federal formula for computing overtime in the absence of binding state law. |
Labor Law |
|
Jan. 19, 2016 | |
F069719
|
Cruz v. Sun World International LLC
Lack of predominant common issues is sufficient basis for denial of certification in agricultural workers' wage suit. |
Labor Law |
|
Dec. 24, 2015 | |
B256744
|
Flowers v. Los Angeles County Metropolitan Transportation Authority
Public transit bus drivers may proceed with putative class action against Los Angeles Metropolitan Transportation Authority alleging violation of state minimum wage requirements. |
Labor Law |
|
Dec. 21, 2015 | |
13-15292
|
Rosenfield v. GlobalTranz Enters.
Summary judgment in employer's favor on employee's anti-retaliation claim under the Fair Labor Standards Act reversed where jury could reasonably find employee provided 'fair notice.' |
Labor Law |
|
Dec. 15, 2015 | |
F070861
|
Palacio v. Jan & Gail's Care Homes
Denial of class certification proper where 24-hour residential care facility not required to inform employees they may revoke agreement requiring working on-duty meal periods. |
Labor Law |
|
Dec. 9, 2015 | |
13-55672
|
SEIU v. Los Robles Reg’l Med. Ctr.
Union's petition to compel arbitration not barred by statute of limitations; medical center's five month delay in responding to arbitration request violates good faith. |
Labor Law |
|
Dec. 4, 2015 | |
12-55828
|
NLRB v. Fresh & Easy Neighborhood Market Inc.
Service of subpoena upon Fresh & Easy Neighborhood Market is defective, but subpoena upheld because Fresh & Easy not excused from filing petition to revoke it. |
Labor Law |
|
Nov. 16, 2015 | |
B259146
|
Performance Team Freight Systems v. Aleman
Employer's petition to compel arbitration should have been granted; truck drivers' 'Independent Contractor Agreements' not exempt from Federal Arbitration Act. |
Labor Law |
|
Nov. 4, 2015 | |
G050730
|
Vebr v. Culp
Absence of triable issue of material fact entitles homeowners to summary judgment on painter's tort claims based on respondeat superior. |
Labor Law |
|
Oct. 30, 2015 | |
B254490
|
Garrido v. Air Liquide Industrial U.S. LP
Arbitration agreement's class waiver provision unenforceable under California law following determination dispute is not subject to Federal Arbitration Act preemption regarding class waivers. |
Labor Law |
|
Oct. 28, 2015 | |
B254489
|
Sheridan v. Touchstone Television Prod.
Actress Nicollette Sheridan not required to exhaust administrative remedies before filing suit for retaliation under Labor Code section 6310. |
Labor Law |
|
Oct. 21, 2015 | |
B255199
|
Valencia v. SCIS Air Security Corp.
Denial of class certification reversed where state meal, rest and wage law claims are not preempted by the federal Airline Deregulation Act. |
Labor Law |
|
Oct. 19, 2015 | |
B248748
|
Alberts v. Aurora Behavioral Health Care
Denial of class certification reversed where court relies on improper criteria and erroneous legal assumptions in denying certification. |
Labor Law |
|
Oct. 19, 2015 | |
F069305
|
Cardenas v. M. Fanaian, D.D.S., Inc.
Retaliation claim under Labor Code Section 1102.5 is not limited to reporting violations arising out of employer's business activities. |
Labor Law |
|
Oct. 5, 2015 | |
11-35985
|
Idaho Building and Construction Trades Council AFL-CIO v. Wasden
Construction unions prevail in dispute involving Idaho law that prohibited 'job targeting' or 'market recovery' because such conduct was protected, and was thereby, preempted, by the National Labor Relations Act. |
Labor Law |
|
Sep. 17, 2015 |