• Newsletter

    California Employment Law Notes

    September 2017

  • Newsletter

    California Employment Law Notes

    Employee Entitled To $17.2 Million For Wrongful Termination/Defamation
    King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020)
     
    “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim
    Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020)
     
    Tortious Interference With At-Will Contract Requires Independently Wrongful Act
    Ixchel Pharma, LLC v. Biogen, Inc., 9 Cal. 5th 1130 (2020)
     
    Time Spent By Employees In Exit Searches Is Compensable
    Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020)
     
    Ashley Judd May Proceed With Sexual Harassment Claim Against Harvey Weinstein
    Judd v. Weinstein, 967 F.3d 952 (9th Cir. 2020)
     
    Court Affirms Dismissal of Medical Assistant’s Discrimination Lawsuit
    Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020)
     
    Later-Filed, Substantially Identical PAGA Claim Was Properly Dismissed
    Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020)
     
    Amount In Controversy Satisfied CAFA Minimum
    Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020)
     
    Trial Court Properly Denied Massage Parlor’s Request For Waiver Of Bond InWage/Hour Matter
    Li v. Department of Indust. Relations, 2020 WL 4814112 (Cal. Ct. App. 2020)
     
    Trial Court Properly Refused To Certify Rest Break Class Action
    Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020)
     
    Litigant’s Attorney Is Entitled To Fees As “Prevailing Party” In UTSA Case
    Aerotek, Inc. v. The Johnson Group Staffing Co., 2020 WL 5525180 (Cal. Ct. App. 2020)
     
    CUIAB Should Have Considered Additional Evidence In Support Of Unemployment Claim
    Land v. CUIAB, 2020 WL 5200858 (Cal. Ct. App. 2020)

    September 2020

  • Newsletter

    California Employment Law Notes

    Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”
    Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020)
     
    Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple
    Hooked Media Group, Inc. v. Apple Inc., 55 Cal. App. 5th 323 (2020)
     
    Employer Gets No Relief From $1.6 Million Default Judgment
    Kramer v. Traditional Escrow, Inc., 56 Cal. App. 5th 13 (2020)
     
    Google Employees’ PAGA Claims Are Not Preempted By The NLRA
    Doe v. Google, Inc., 54 Cal. App. 5th 948 (2020)
     
    Non-California Forum Selection Clause Is Barred By Labor Code Section 925
    Midwest Motor Supply Co. v. Superior Court, 2020 WL 6305492 (Cal. Ct. App. 2020)
     
    Ninth Circuit Upholds FINRA Class Action Waiver Provision
    Laver v. Credit Suisse Secs. (USA), LLC, 976 F.3d 841 (9th Cir. 2020)
     
    Employees Compensated Solely By Commission Are Not Paid A “Salary” And Are Non-Exempt
    Semprini v. Wedbush Secs., Inc., 2020 WL 6557549 (Cal. Ct. App. 2020)
     

    November 2020

  • Newsletter

    California Employment Law Notes

    Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII
    Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020)
     
    Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down
    IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020)
     
    Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements
    Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020)
     
    IATSE Signatory Was Employer Responsible For Payment Of Unpaid Wages 
    Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020)
     
    Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination 
    Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020)
     
    Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case
    David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020)
     
    Class Action Was Improperly Removed To Federal Court Under CAFA
    Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020)
     
    Non-Severability Clause In Arbitration Agreement Invalidated Entire Agreement
    Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020)
     
    Service Technicians May Be Entitled To Compensation For Travel Time
    Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020)
     
    Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case 
    Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020)
     
    Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee
    Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020)
     
    Class Action Claims Were Moot After Class Representative Settled His Individual Claims
    Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020)

    July 2020

  • Newsletter

    California Employment Law Notes

    Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim
    Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020)
    Laid-Off Employee Was Not Discriminated Against On The Basis Of Age
    Foroudi v. The Aerospace Corp., 57 Cal. App. 5th 992 (2020)
    Court Reverses $2.9 Million Jury Verdict For Failure To Accommodate Employee’s Disability
    Shirvanyan v. Los Angeles Community Coll. Dist., 2020 WL 7706321 (Cal. Ct. App. 2020)
    Employer Did Not Willfully Interfere With Employee’s FMLA Rights
    Olson v. United States, 980 F.3d 1334 (9th Cir. 2020)
    California Law Applies To Non-California Residents Working Off The Coast
    Gulf Offshore Logistics, LLC v. Superior Court, 58 Cal. App. 5th 264 (2020)
    Owner/Operators Are Personally Liable For $481,000 Wage/Hour Judgment
    Kao v. Joy Holiday, 58 Cal. App. 5th 199 (2020)
    CAFA-Removed Case Is Remanded Based On Insufficient Amount In Controversy
    Harris v. KM Indus., Inc., 980 F.3d 694 (9th Cir. 2020)
    PAGA Notice Was Sufficient To Support Claims
    Rojas-Cifuentes v. Superior Court, 2020 WL 7488653 (Cal. Ct. App. 2020)
    Court Properly Denied Certification Of Call Center Workers’ Class Action
    Castillo v. Bank of Am., 980 F.3d 723 (9th Cir. 2020)
    Statute Of Limitations Tolled By Related Class Actions
    Hildebrandt v. Staples the Office Superstore, LLC, 58 Cal. App. 5th 128 (2020)
    Employer’s Counsel Admitted Pro Hac Vice Should Not Also Have Represented Employee Witnesses
    Big Lots Stores, Inc. v. Superior Court, 57 Cal. App. 5th 773 (2020) 

    January 2021

  • Newsletter

    California Employment Law Notes


    Pay Discrimination Claim Was Subject To 180-Day Statute Of Limitations Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. ___, 127 S. Ct. 2162 (2007)
    Employee Terminated For Excessive Personal Use Of Company Resources Was Not Discriminated Against Loggins v. Kaiser Permanente Int'l, 2007 WL 1395393 (Cal. Ct. App. 2007)
    Employee Who Falsified Timecard Was Not Terminated Because Of His Disability King v. United Parcel Serv., 2007 WL 1493316 (Cal. Ct. App. 2007)
    Employee May Have Been Victim Of "Reverse" Religious Discrimination Noyes v. Kelly Services, 2007 WL 1531824 (9th Cir. 2007)
    Employee Who Provided Customer Service And Training Related To Company's Software Was Not Exempt From Overtime Eicher v. Advanced Bus. Integrators, Inc., 2007 WL 1678244 (Cal. Ct. App. 2007)
    No-Hire Provision In Consulting Agreement Was Unenforceable VL Systems, Inc. v. Unisen, Inc., 2007 WL 1807001 (Cal. Ct. App. 2007)
    Individuals Who Sold Business Were Properly Enjoined From Competing In Violation Of Contract Huong Que, Inc. v. Luu, 150 Cal. App. 4th 400 (2007)
    Bank Could Be Liable For $4.6 Million Embezzlement By Company's CFO Zengen, Inc. v. Comerica Bank, 41 Cal. 4th 239 (2007)
    Law Firm Could Be Vicariously Liable For The Actions Of A Non-Equity Partner PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, 150 Cal. App. 4th 384 (2007)
    Union Employees' Wage Claims Were Not Preempted By Federal Labor Law Burnside v. Kiewit Pac. Corp., 2007 WL 1760747 (9th Cir. 2007)
    Package Delivery Drivers Were Employees, Not Independent Contractors Air Couriers Int'l v. Employment Dev. Dep't, 150 Cal. App. 4th 923 (2007)
    Employee Who Was Threatened And Assaulted By Co-Worker Stated Wrongful Termination Claim Franklin v. The Monadnock Co., 151 Cal. App. 4th 252 (2007)
    Employer Improperly Failed To Give Employee Notice Of His Right To Take Medical Faust v. California Portland Cement Co., 150 Cal. App. 4th 864 (2007)

    July 2007

  • Newsletter

    California Employment Law Notes


    California Overtime Requirements Apply To Work Performed By Non-Resident Employees Sullivan v. Oracle Corp., 2008 WL 4811911 (9th Cir. 2008)
    Claims For Unpaid Meal Periods And Inaccurate Paystubs Were Properly Dismissed Brinkley v. Public Storage, Inc., 2008 WL 4716800 (Cal. Ct. App. 2008)
    Employee Entitled To New Trial After Court Improperly Ruled He Was Terminable At Will Stillwell v. The Salvation Army, 167 Cal. App. 4th 360 (2008)
    Independent Contractor's Wrongful Termination Lawsuit Was Properly Dismissed Varisco v. Gateway Science & Eng’g, Inc., 166 Cal. App. 4th 1099 (2008)
    Wage & Hour Class Action Settlement Is Vacated Because Of Insufficiency Of Record Kullar v. Foot Locker Retail, Inc., 2008 WL 4561629 (Cal. Ct. App. 2008)
    Disabled Employee May Have Been Able To Perform Essential Functions Of A Different Job Nadaf-Rahrov v. Neiman Marcus Group, Inc., 166 Cal. App. 4th 952 (2008)
    Non-Compete Agreements Were Unenforceable Asset Marketing Systems, Inc. v. Gagnon, 542 F.3d 748 (9th Cir. 2008)
    Statute Of Limitations Was Equitably Tolled While Employee Was Pursuing Administrative Remedy McDonald v. Antelope Valley Cmty. Coll. Dist., 2008 WL 4694301 (Cal. S. Ct. 2008)
    Church Was Shielded From Liability For Statements Made To Congregation About Pastor's Termination Gunn v. Mariners Church, Inc., 167 Cal. App. 4th 206 (2008)
    State Law Sanctioning Employers That Hire Illegal Aliens Is Not Preempted By Federal Immigration Law Chicanos Por La Causa, Inc. v. Napolitano, 2008 WL 4225536 (9th Cir. 2008)
    Employer Is Obligated To Comply With EEOC Administrative Subpoena EEOC v. Federal Express Corp., 543 F.3d 531 (9th Cir. 2008)

    November 2008

  • Newsletter

    California Employment Law Notes


    San Francisco Health Care Security Ordinance Is Preempted By Federal Law Golden Gate Restaurant Ass'n v. City and County of San Francisco, No. C 06-06997-JSW (N.D. Cal. filed Dec. 26, 2007)
    Trial Court Erred In Failing To Certify Broader Wage & Hour Class Action Bell v. Superior Court, 2007 WL 4127646 (Cal. Ct. App. Nov. 21, 2007)
    Housekeeper's Award Of $70,000 For Unpaid Wages Is Affirmed Gonzalez v. Beck, 2007 WL 4532647 (Cal. Ct. App. Dec. 27, 2007)
    Employer Could Pay Employees Increased Compensation Rather Than Reimburse Them Separately For Expenses Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal. 4th 554 (2007)
    $1.3 Million Verdict Affirmed In Favor Of Employee Who Was Retaliated Against Wysinger v. Automobile Club of S. Cal., 69 Cal. Rptr. 3d 1 (Cal. Ct. App. 2007)
    Evidence Supported Whistleblower Retaliation Claim But Not Sexual Harassment Mokler v. County of Orange, 157 Cal. App. 4th 121 (2007)
    UPS May Not Have Violated The ADA By Excluding Deaf Drivers Who Failed To Satisfy DOT Hearing Standard Bates v. United Parcel Serv., 2007 WL 4554016 (9th Cir. Dec. 28, 2007) (en banc)
    Employee Who Was Convicted For Taking Bribes Could Be Kept Away From Employers' Money United States v. Betts, 2007 WL 4355365 (9th Cir. Dec. 14, 2007)
    Sales Representative's $480,000 Wrongful Termination Award Is Affirmed Casella v. SouthWest Dealer Services, 2007 WL 4328440 (Cal. Ct. App. Dec. 12, 2007)
    Insurance Agency Agreement Was Terminable At Will Bernard v. State Farm Mut. Auto. Ins. Co., 2007 WL 4465075 (Cal. Ct. App. Dec. 21, 2007)
    Release Enforced As To Defamation And Overtime Claims--But Not Claim Under USERRA Perez v. Uline, Inc., 68 Cal. Rptr. 3d 872 (Cal. Ct. App. Dec. 6, 2007)
    $1.1 Million In Attorney's Fees Awarded Following Recovery Of $30,300 Discrimination Judgment Harman v. City and County of San Francisco, 2007 WL 4465750 (Cal. Ct. App. Dec. 21, 2007)
    Pharmacist's Claims For Breach Of Contract And Unpaid Overtime Were Properly Dismissed Soremekun v. Thrifty Payless, Inc., 2007 WL 4168339 (9th Cir. Nov. 27, 2007)
    Ranger Who Was Injured In Residence Provided By State Was Limited To Workers' Compensation Remedies Vaught v. State of Cal., 2007 WL 4395435 (Cal. Ct. App. Dec. 18, 2007)

    January 2008

  • Newsletter

    California Employment Law Notes


    Customer Non-Solicitation Covenants Violate Public Policy Against Non-Competes Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008)
    Employer Need Only Provide, Not Ensure, Meal And Rest Periods Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 25 (2008)
    Physician's Discrimination Claim Was Improperly Dismissed Johnson v. Riverside Healthcare Sys., 534 F.3d 1116 (9th Cir. 2008)
    Television Writers' Privacy Objections Overruled In Age Class Action Against Studios, Networks And Talent Agencies Alch v. Superior Court, 2008 WL 3522099 (Cal. Ct. App. Aug. 14, 2008)
    Employee Of Syrian National Origin May Proceed With Discrimination And Defamation Claims Mamou v. Trendwest Resorts, Inc., 165 Cal. App. 4th 686 (2008)
    Catering Employee Could Proceed With Family Leave Claim, But Not Disability Claim Avila v. Continental Airlines, Inc., 2008 WL 3272183 (Cal. Ct. App. Aug. 11, 2008)
    Operator Of Nursing Home Chain Was Properly Convicted For Failing To Pay Over Payroll Taxes United States v. Easterday, 2008 WL 3876593 (9th Cir. Aug. 22, 2008)
    Injured Employee Limited To Workers' Compensation Remedy Mora v. Hollywood Bed & Spring, 164 Cal. App. 4th 1061 (2008)
    Labor Commissioner Approves Use Of Payroll Debit Cards

    September 2008

  • Newsletter

    California Employment Law Notes


    Employer Bears Burden Of Showing Reasonableness Of Layoff Criteria In Age Discrimination Case Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S. Ct. 2395 (2008)
    Employer That Provides Unlimited Sick Leave Is Subject To Requirements Of "Kin Care" Statute McCarther v. Pacific Telesis Group, 163 Cal. App. 4th 176 (2008)
    Court Affirms Judgment And Attorney's Fees Award To Employee Who Suffered Retaliation Steele v. Youthful Offender Parole Bd., 162 Cal. App. 4th 1241 (2008)
    Police Officer Had Reasonable Expectation Of Privacy In Text Messages Sent And Received On Pager Quon v. Arch Wireless Operating Co., 2008 WL 2440559 (9th Cir. June 18, 2008)
    Employer Properly Paid 1.5 Times Regular Rate For Overtime Worked On Holiday Advanced-Tech Sec. Services, Inc. v. Superior Court, 163 Cal. App. 4th 700 (2008)
    Employer Could Recover Training Costs From Employee But Could Not Withhold Same From Final Check City of Oakland v. Hassey, 2008 WL 2428205 (Cal. Ct. App. June 17, 2008)
    Trial Court Properly Granted Motion To Strike Class Allegations In Misclassification Case In re BCBG Overtime Cases, 163 Cal. App. 4th 1293 (2008)
    Employee Who Reported Disability During Investigation Into His Alleged Wrongdoing Was Not Discriminated Against Arteaga v. Brink's, Inc., 163 Cal. App. 4th 327 (2008)
    Employer Breached Contract By Quickly Terminating Employees With "No Match" Letters From Social Security Aramark Facility Services v. SEIU, 2008 WL 2405677 (9th Cir. June 16, 2008)
    Injuries Sustained By Professional Stuntman Were Covered By Workers' Compensation Caso v. Nimrod Productions, Inc.,163 Cal App. 4th 881 (2008)
    Employer Waived Insurance Coverage By Failing To Timely Notify Carrier Of Claim Westrec Marina Mgmt., Inc. v. Arrowood Indemn. Co., 163 Cal. App. 4th 1387 (2008)
    Statute Of Limitations For Trade Secrets Claim Dates From Time Of Owner's Knowledge CypressSemiconductor Corp. v. Superior Court, 163 Cal. App. 4th 575 (2008)
    California Law Limiting Use Of State Funds To Deter Union Organizing Is Unconstitutional Chamber of Commerce v. Brown, 554 U.S. ___, 128 S. Ct. 2408 (2008)

    July 2008