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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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