• Newsletter

    California Employment Law Notes

    Delivery Drivers Were Improperly Classified As Independent ContractorsDynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018)
    Employer May Not Avoid Title VII Liability Based Upon Employees' Salary HistoryRizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc)
    Community College District Failed To Reasonably Accommodate Disabled EmployeeHernandez v. Rancho Santiago Cmty. Coll. Dist., 2018 WL 2057468 (Cal. Ct. App. 2018)
    Auto Dealership Service Advisors Are Exempt From Federal Overtime RequirementsEncino Motorcars, LLC v. Navarro, 584 U.S. ___, 138 S. Ct. 1134 (2018)
    Gas Station Owner Was Not Joint Employer Of ManagersCurry v. Equilon Enterprises, LLC, 2018 WL 1959472 (Cal. Ct. App. 2018)
    Staffing Company Was Not Liable For Failure To Provide Meal PeriodsSerrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)
    Title VII Claim Must Be Filed Within 90 Days Of Receipt Of Right-To-Sue LetterScott v. Gino Morena Enterprises, LLC, 2018 WL 1977123 (9th Cir. 2018)
    Employee Was Permitted To Voluntarily Dismiss Breach Of Contract ActionShapira v. Lifetech Resources, LLC, 2018 WL 1804993 (Cal. Ct. App. 2018)
    Employer's Action Against Opposing Attorney Was Properly Dismissed On Anti-SLAPP GroundsMMM Holdings, Inc. v. Reich, 21 Cal. App. 5th 167 (2018)
    Lower Court Should Have Certified Registered Nurses' Class Action Sali v. Corona Reg'l Med. Ctr., 2018 WL 2049680 (9th Cir. 2018)

    May 2018

  • Newsletter

    California Employment Law Notes


    Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018)
    Dodd-Frank Anti-Retaliation Protection Does Not Apply Absent Prior Notice To The SEC Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018)
    California Rejects Federal Rule For Calculating Overtime Rate For Employees Who Earn Flat Sum Bonus Alvarado v. Dart Container Corp. of Cal., 2018 WL 1146645 (Cal. S. Ct. 2018)
    $48,000 Judgment Affirmed In Favor Of Former Parks & Recreation Employee Hurley v. California Dep't of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)
    Urging Other Employees To Quit And Sue Employer Is Protected Conduct Under Anti-SLAPP Statute Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018)
    Unsuccessful Disability Discrimination Plaintiff Is Not Entitled To Attorney's Fees Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017)
    Employee's Qui Tam Action Is Not Barred By The Litigation Privilege People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017)
    Statute Of Limitations For State Law Claims Was Suspended While Case Was Pending In Federal Court Artis v. District of Columbia, 583 U.S. ___, 138 S. Ct. 594 (2018)
    Employer Did Not Waive Its Right To Remove Action to Federal Court By Filing Demurrer Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018)
    Payments Made To Union Trust Fund Are Not Subject To California Wage Statement Law Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)
    PAGA Claim Dismissed Where Employee Failed To Provide Adequate Notice To LWDA Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018)
    Class Certification Was Properly Denied In Outside Sales Exemption Case Duran v. U.S. Bank Nat'l Ass'n, 19 Cal. App. 5th 630 (2018)

    March 2018

  • Newsletter

    California Employment Law Notes: January 2018

    January 2018

  • Newsletter

    California Employment Law Notes

    September 2017

  • Newsletter

    California Employment Law Notes


    California Supreme Court Resolves Day-Of-Rest Questions Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017)
    Employer's Attorney May Be Liable For Retaliation Under FLSA Arias v. Raimondo, 2017 WL 2676771 (9th Cir. 2017)
    Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data Sought By EEOC EEOC v. McLane Co., 857 F.3d 813 (9th Cir. 2017)
    Attorney Work Product Belongs To Law Firm, Not Former Attorney Employee Tucker Ellis LLP v. Superior Court, 2017 WL 2665188 (Cal. Ct. App. 2017)
    Punitive Damages Claim Against Employer Is Dismissed Absent Action By "Managing Agent" CRST, Inc. v. Superior Court, 11 Cal. App. 5th 1255 (2017)
    Trial Court Erred By Failing To Certify Class Action For Unpaid Rest Periods Bartoni v. American Med. Response W., 11 Cal. App. 5th 1084 (2017)
    Foreign National Who Worked For Travel Tour Company Was An Employee, Not An Intern Or Exempt Manager Kao v. Joy Holiday, 2017 WL 2590653 (Cal. Ct. App. 2017)
    Mortgage Underwriters Are Not Exempt From FLSA Overtime Requirements McKeen-Chaplin v. Provident Sav. Bank, 2017 WL 2855084 (9th Cir. 2017)
    Employee Is Not Entitled To Attorney's Fees For Breach Of Contract Claim Shames v. Utility Consumers' Action Network, 2017 WL 2807920 (Cal. Ct. App. 2017)

    July 2017

  • Newsletter

    California Employment Law Notes


    Employee Who Suffered From "Altered Mental State" Need Not Be Allowed To Rescind Her Resignation Featherstone v. Southern Cal. Permanente Med. Grp., 2017 WL 1399709 (Cal. Ct. App. 2017)
    Garbage Truck Employee Who Failed To Provide Proof Of Right To Work Could Proceed With Age Discrimination Claim Santillan v. USA Waste of Cal., 853 F.3d 1035 (9th Cir. 2017)
    Trial Court's Decision Quashing EEOC Subpoena Should Not Be Reversed Absent Abuse Of Discretion McLane Co. v. EEOC, 581 U.S. ___, 137 S. Ct. 1159 (2017)
    Anti-Retaliation Provisions of Sarbanes-Oxley Act Apply Even If No Disclosure To SEC Somers v. Digital Realty Trust, Inc., 850 F.3d 1045 (9th Cir. 2017)
    Employer That Paid Females Less Than Males Based On Prior Salaries May Avoid Liability Under Equal Pay Act Rizo v. Yovino, 2017 WL 1505068 (9th Cir. 2017)
    Employer Failed To Show That Former Employee Violated Nondisclosure AgreementGlassdoor, Inc. v. Superior Court, 9 Cal. App. 5th 623 (2017)
    Former CEO's Defamation Action Was Properly Dismissed With Anti-SLAPP Motion Charney v. Standard General, LP, 10 Cal. App. 5th 149 (2017)
    Employee May Have Been On "Business Errand" At Time Of Traffic Collision Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (Cal. Ct. App. 2017)
    Safeway/Vons Assistant Managers Were Properly Classified As Exempt From Overtime Batze v. Safeway, Inc., 10 Cal. App. 5th 440 (2017)
    Employee Was Properly Awarded $31,000 In Attorney's Fees On $300 Unpaid Wage Claim Beck v. Stratton, 9 Cal. App. 5th 483 (2017)
    Health Care Employees Can Waive Their Second Meal Period Gerard v. Orange Coast Mem. Med. Ctr., 9 Cal. App. 5th 1204 (2017)
    Piece-Work-Based Pay Plan Violates FLSA Brunozzi v. Cable Commc’ns, Inc., 851 F.3d 990 (9th Cir. 2017)
    Chapter 11 Automatic Stay Applies To PAGA Claims Porter v. Nabors Drilling USA, LP, 2017 WL 1404392 (9th Cir. 2017)

    May 2017

  • Newsletter

    California Employment Law Notes


    Routine Hugging Over 12-Year Period May Have Caused Hostile Work EnvironmentZetwick v. County of Yolo, 2017 WL 710476 (9th Cir. 2017)
    Racial Harassment Claim Based On Comments Made During “Creative Process” Was Properly DismissedDaniel v. Wayans, 2017 WL 526494 (Cal. Ct. App. 2017)
    Employer May Have Discriminated Against Female Supervisor Based On GenderMayes v. WinCo Holdings, Inc., 846 F.3d 1274 (9th Cir. 2017)
    Employee Who Took CFRA Leave May Proceed With Retaliation LawsuitBareno v. San Diego Community College Dist., 7 Cal. App. 5th 546 (2017)
    LAPD Failed To Reasonably Accommodate Recruits Who Were Injured While TrainingAtkins v. City of Los Angeles, 2017 WL 588127 (Cal. Ct. App. 2017)
    Millwrights Could Proceed With Hostile Work Environment ClaimReynaga v. Roseburg Forest Prods., 847 F.3d 678 (9th Cir. 2017)
    Court Properly Dismissed PAGA And Class Action Claims Silva v. See’s Candy Shops, Inc., 7 Cal. App. 5th 235 (2017)
    Auto Dealership Service Advisors Are Not Exempt From Federal Overtime Requirements Navarro v. Encino Motorcars, LLC, 845 F.3d 925 (9th Cir. 2017)
    Employees Paid On Commission Are Entitled To Separate Compensation For Rest Periods Vaquero v. Stoneledge Furniture LLC, 2017 WL 776635 (Cal. Ct. App. 2017)
    Employer Violated FCRA By Including Liability Waiver In Disclosure Statement Syed v. M-I, LLC, 846 F.3d 1034 (9th Cir. 2017) <
    Employer Not Vicariously Liable For Injuries Caused By Employee In Auto Accident Lynn v. Tatitlek Support Servs., Inc., 2017 WL 696008 (Cal. Ct. App. 2017)

    March 2017

  • Newsletter

    California Employment Law Notes


    $90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest PeriodsAugustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016)
    Security Guard Class Action Should Not Have Been DecertifiedLubin v. The Wackenhut Corp., 5 Cal. App. 5th 926 (2016)
    Discrimination Claims Against Media Company Are Not Barred By Anti-SLAPP StatuteWilson v. Cable News Network, Inc., 2016 WL 7217201 (Cal. Ct. App. 2016)
    Employee Could Proceed With Disability Discrimination And Wrongful Termination ClaimsSoria v. Univision Radio Los Angeles, Inc., 5 Cal. App. 5th 570 (2016)
    Employee Injured During "Mock Robbery" Was Not Limited To Workers’ Compensation RemedyLee v. West Kern Water Dist., 5 Cal. App. 5th 606 (2016)
    On-Duty Meal Periods Were Permissible For Concrete Mixer DriversDriscoll v. Graniterock Co., 2016 WL 6994923 (Cal. Ct. App. 2016)
    California Statute Targeting Three Specific Employers Opposed By A Union May Violate Equal ProtectionFowler Packing Co. v. Lanier, 2016 WL 7321371 (9th Cir. 2016)
    Employee's FEHA Retaliation Claim Was Properly DismissedDinslage v. City & County of San Francisco, 5 Cal. App. 5th 368 (2016)
    Employee's Wrongful Termination Claim Was Properly Dismissed, But Other Claims SurviveGoonewardene v. ADP, LLC, 5 Cal. App. 5th 154 (2016)
    Employee's Breach Of Contract Claim For Unpaid Stock Options Must Be RetriedRyan v. Crown Castle NG Networks, Inc., 2016 WL 7217274 (Cal. Ct. App. 2016)
    "Going and Coming" Rule Barred Employer Liability For AccidentPierson v. Helmerich & Payne Int’l Drilling Co., 4 Cal. App. 5th 608 (2016)
    The Monetary Value Of Vacation Accrual Need Not Be Included In Wage StatementSoto v. Motel 6 Operating, L.P., 4 Cal. App. 5th 385 (2016)
    Lawyers In Putative Class Action Were Properly Disqualified Based Upon Representation Of Another ClassWalker v. Apple, Inc., 4 Cal. App. 5th 1098 (2016)
    $179,000 Penalty Upheld For Employer's Failure To Maintain Workers' CompensationTaylor v. Dep’t of Industrial Relations, 4 Cal. App. 5th 801 (2016)
    Union Member's Hostile Work Environment Claim Was Not Preempted By Federal LawMatson v. UPS, 840 F.3d 1126 (9th Cir. 2016)

    January 2017

  • Newsletter

    California Employment Law Notes

    Newly Enacted California Statutes

    Minimum Wage Increases
    Equal Pay Act Expanded
    No Disclosure Of Juvenile Criminal History Required (Including Rape And Murder)
    California Employees Guaranteed Access To California Law And Forum
    All-Gender Restrooms
    Pay Stub Reform For Exempt Employees
    Notification Regarding Earned Income Tax Credit Expanded
    Bond Required To Challenge Labor Commissioner Rulings
    Domestic Worker Bill Of Rights Made Permanent
    In-Home Supportive Services Workers Entitled To Paid Sick Leave
    Immigration-Related Protections Expanded
    DFEH May Receive And Prosecute Complaints From Victims Of Human Trafficking
    New California State Contractor Requirements
    Actors' Online Age Disclosures Restricted
    Paid Family Leave Benefits Increased
    New Notice Regarding Domestic Violence, Sexual Assault And Stalking Protections
    Settlement Provisions Limiting Disclosure Of Information Regarding Sex Offenses Are Prohibited
    Indoor Heat Illness Regulations Mandated
    Clarification Regarding The Use Of Smart Phones While Driving
    Additional Workplace Smoking Restrictions

    New Case Law

    Employer Is Not Liable For $885,000 In Damages Caused By Off-Duty Employee
    Employer Did Not Misappropriate Name And Likeness Of Employee
    Supervisor's Wrongful Termination Claim Was Not Preempted By The NLRA

    October 2016

  • Newsletter

    California Employment Law Notes


    Ninth Circuit Strikes Down Employer's Class Action WaiverMorris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016)
    Prompt Final Pay Provisions Of California Labor Code Apply To Retiring EmployeesMcLean v. State of Cal., 2016 WL 4395672 (Cal. S. Ct. 2016)
    Race Discrimination Claim Was Not Barred By Statute Of LimitationsMitchell v. California Dep't of Public Health, 1 Cal. App. 5th 1000 (2016)
    $6.3 Million Attorney's Fees Award (1/3 Of Total Recovery) Was Reasonable In Class Action SettlementLaffitte v. Robert Half Int'l Inc., 1 Cal. 5th 480 (2016)
    Del Mar Fairgrounds/Horsepark Employees Are Exempt From Overtime Under The Amusement ExemptionMorales v. 22nd Dist. Agricultural Ass'n, 1 Cal. App. 5th 504 (2016)
    Indian Tribe Did Not Waive Its Sovereign Immunity By Removing Lawsuit To Federal CourtBodi v. Shingle Springs Band of Miwok Indians, 2016 WL 4183518 (9th Cir. 2016)
    Contractor May Be Entitled To Indemnity From Subcontractor For Injuries To Sub's EmployeesAluma Sys. Concrete Constr. of Cal. v. Nibbi Bros., Inc., 2 Cal. App. 5th 620 (2016)

    September 2016