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DiCarlo v. County of Monterey
County and Sheriffs Association's longevity performance stipend does not constitute 'special compensation' that must be reported to CalPERS or used to calculate retirement benefits. 		Employment Law Jun. 6, 2017
Advocate Health Care Network v. Stapleton
Church need not have originally established employee benefit plan in order to be exempt from ERISA's mandates under church-plan exemption. 		Employment Law Jun. 5, 2017
Featherstone v. Southern California Permanente Medical Group
Company's failure to rescind resignation is not adverse employment action under Fair Employment and Housing Act, as employer no longer has employment relationship with former employee. 		Employment Law Apr. 20, 2017
Santillan v. USA Waste of California Inc.
Summary judgment improperly granted in favor of employer for firing of elderly garbage truck driver where employee established prima facie case of age discrimination. 		Employment Law Apr. 10, 2017
Farrar v. Direct Commerce Inc.
Substantively unconscionable carve-out in arbitration provision can be severed, resulting in grant of employer's motion to compel arbitration with former employee. 		Employment Law Mar. 24, 2017
O'Neal v. Stanislaus County Employees' Retirement Association
Retirement board's transfer of funds to lower employee contribution costs gives rise to fiduciary breach claims warranting reversal of summary judgment granted in its favor. 		Employment Law Feb. 27, 2017
Mayes v. WinCo Holdings Inc.
Worker's gender discrimination claim revived where proffered evidence of supervisor's animus constituted direct and indirect evidence of pretext sufficient to overcome summary judgment. 		Employment Law Feb. 6, 2017
Bareno v. San Diego Community College District
Summary judgment in favor of employer reversed, where material issues remain in dispute with respect to whether employee was retaliated against for taking medical leave. 		Employment Law Jan. 16, 2017
Silva v. See’s Candy Shops Inc.
In wage and hour lawsuit, error in granting summary judgment in employer's favor with respect to individual claims results in partial reversal in employee's favor. 		Employment Law Jan. 8, 2017
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks. 		Employment Law Dec. 26, 2016
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks. 		Employment Law Nov. 30, 2016
Lubin v. The Wackenhut Corp.
Incorrect application of 'Wal-Mart Stores, Inc. v. Dukes' to decertify wage and hour class action results in reversal of decertification. 		Employment Law Nov. 22, 2016
Dinslage v. City and County of San Francisco
Opposition to departmental changes and general advocacy for the disabled not protected activities under California Fair Employment and Housing Act. 		Employment Law Nov. 10, 2016
Perez v. City of Westminster
Removal from SWAT and Honor Guard assignments not 'punitive action' under Public Safety Officers Procedural Bill of Rights. 		Employment Law Nov. 9, 2016
Armani v. Northwestern Mutual Life Insurance Co.
Employee injured on job successfully overturns denial of long term disability benefits where district court erroneously upholds insurer's determination that employee could perform sedentary work. 		Employment Law Nov. 6, 2016
Cameron v. Sacramento County Employees’ Retirement System
Plaintiff's application for service-connected disability retirement properly rejected as untimely. 		Employment Law Nov. 2, 2016
Perez v. U-Haul Company of California
Employer may not compel arbitration to determine if plaintiff is an 'aggrieved employee' under Labor Code in representative PAGA claim. 		Employment Law Sep. 19, 2016
Hott v. College of the Sequoias Community College Dist.
Salary of former school district administrator reassigned as faculty member under Ed. Code Section 87458 properly calculated based on faculty member status, not managerial level. 		Employment Law Sep. 7, 2016
Kerr v. Jewell
Whistleblower Protection Act claim properly dismissed where former employee not permitted to file claim in district court without first presenting claim to Merit Systems Protection Board. 		Employment Law Sep. 6, 2016
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. 		Employment Law Aug. 23, 2016
McLean v. State of California
Mandated final wage payment time limit under Labor Code Section 202 for employees who 'quit' includes protection for employees who 'retire.' 		Employment Law Aug. 18, 2016
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. 		Employment Law Jul. 28, 2016
Rollins v. Dignity Health
To qualify for ERISA's church-plan exemption, plan must be established by a church and maintained by church-affiliated organization whose principal purpose is to provide benefits to church employees. 		Employment Law Jul. 27, 2016
Lee v. ING Groep
Because 'plans' and 'plans administrators' are separate entities under ERISA, penalties under 29 U.S.C. Section 1132(c)(1) can only be assessed against plan administrators. 		Employment Law Jul. 26, 2016
Chang v. County of Los Angeles
County not required to indemnify deputies that assaulted and battered inmate with actual malice, oppression, or fraud pursuant to invocation of reservation of rights. 		Employment Law Jul. 6, 2016
Weisner v. Santa Cruz County Civil Service Commission (County of Santa Cruz)
County employee may maintain writ petition seeking back pay resulting from 2008 dismissal, which had been overturned, despite his 'resignation' from reinstated position. 		Employment Law Jun. 22, 2016
Moore v. The Regents of the University of California
Former Marketing Director for University of California may maintain her discrimination and retaliation action against the Regents concerning her firing following diagnosis of heart condition. 		Employment Law Jun. 21, 2016
United Educators of San Francisco AFT/CFT, AFL-CIO, NEA/CTA v. California Unemployment Insurance Appeals Board (San Francisco Unified School District)
Public school employees who received reasonable assurance of continued employment for following school year properly found ineligible for unemployment benefits for intervening summer break. 		Employment Law Jun. 7, 2016
Flores v. City of San Gabriel
City of San Gabriel's cash-in-lieu of benefits payments to police officers may not be excluded in calculation of officers' regular rate of pay under FLSA. 		Employment Law Jun. 2, 2016
Green v. Brennan
Federal employee alleging constructive discharge wins reversal of summary judgment in employer's favor where limitations period began running only after he resigned. 		Employment Law May 24, 2016
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