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MacDonald v. State of California
State employee, who was fired after reporting supervisor's illegal smoking in government office, must exhaust administrative remedies before filing suit.
Employment Law Aug. 28, 2013
Richards v. Ernst & Young LLP
Ernst & Young may arbitrate former employee’s state wage and hour claims despite its initial delay in moving to compel arbitration.
Employment Law Aug. 22, 2013
California Science Center v. State Personnel Board (Arellanes)
Employee loses his job because he lied about the true nature of his firing from Los Angeles Sheriff’s Dept. in employment application.
Employment Law Aug. 18, 2013
Urbino v. Orkin Services of California Inc.
Federal court may not decide action under Private Attorneys General Act of 2004 because employers combined penalties to invoke federal jurisdiction.
Employment Law Aug. 14, 2013
Wade v. Ports America Management Corp.
Employee may not sue for wrongful termination under FEHA because prior labor arbitration pursuant to collective bargaining agreement encompassed his claim.
Employment Law Aug. 5, 2013
Tibble v. Edison International
Employees’ lawsuit asserting pension plan was managed imprudently fails because they did not sue within six years of decision to include new investments in plan.
Employment Law Aug. 2, 2013
Reilly v. Inquest Technology Inc.
Technology company that hired sales representative to solicit business for it must provide written contract to representative regarding commissions and payment.
Employment Law Aug. 2, 2013
Chisom v. Board of Retirement of County of Fresno Employees’ Retirement Association
County is not bound to enhanced benefit calculation for disability retirement beneficiaries because settlement agreement did not provide for enhanced formula.
Employment Law Aug. 1, 2013
Estrada v. City of Los Angeles
Former LAPD volunteer police reserve officer may not sue City of Los Angeles for disability discrimination under Fair Employment and Housing Act.
Employment Law Jul. 25, 2013
Williams v. Chino Valley Independent Fire District
In employment discrimination case, prevailing defendant may recover ordinary litigation costs even if plaintiff’s lawsuit was not frivolous, groundless, or unreasonable.
Employment Law Jul. 24, 2013
Avery v. Integrated Healthcare Holdings Inc.
Employees may arbitrate class claims against employer where employer revised policy to waive such claims after action had already been filed.
Employment Law Jul. 24, 2013
Acuna v. San Diego Gas & Electric Co.
Employee may pursue wrongful termination claim against former employer because it was filed within one year of administrative agency’s right-to-sue notice.
Employment Law Jul. 19, 2013
Beaumont-Jacques v. Farmers Group Inc.
Plaintiff who worked for insurance groups as district manager, recruiting and recommending new agents, was independent contractor, not employee.
Employment Law Jul. 12, 2013
Leos v. Darden Restaurants Inc.
Although former employees were forced to sign arbitration agreements, arbitration provision is still enforceable because it is not overly harsh or one-sided.
Employment Law Jun. 24, 2013
Do v. Regents of the University of California
University of California may terminate employee for threatening violence after he explained during disciplinary meeting that he almost hit his supervisor.
Employment Law Jun. 11, 2013
Harris v. Amgen Inc.
Employees of pharmaceutical giant Amgen Inc. may pursue ERISA claims related to company's handling of employee stock-ownership plans.
Employment Law Jun. 5, 2013
Brown v. Superior Court (Morgan Tire & Auto LLC)
Employer may not force employees to arbitrate class claims for civil penalties under Labor Code Private Attorneys General Act of 2004.
Employment Law Jun. 5, 2013
Leyva v. Medline Industries Inc.
Court incorrectly denies class certification of wage-and-hour claims against medical product manufacturer on grounds that damages calculations would be individual.
Employment Law May 29, 2013
Heyen v. Safeway Inc.
Former assistant manager at Safeway recovers overtime pay because more than half her work involved tasks such as bagging and stocking.
Employment Law May 24, 2013
Negri v. Koning & Associates
Insurance claims adjuster paid based on number of hours worked without guaranteed minimum is not exempt from overtime pay.
Employment Law May 17, 2013
McCoy v. Pacific Maritime Association
Employer must face employee's retaliation claim where it failed to provide proper training specified in settlement agreement from prior suit.
Employment Law May 15, 2013
Faulkinbury v. Boyd & Associates Inc.
Security guards are entitled to class certification in suit against former employer where basis of claim is illegality of employer’s policy regarding meal and rest breaks.
Employment Law May 13, 2013
Shirey v. Los Angeles County Civil Service Commission (Los Angeles County Sheriff's Dept.)
Sheriff’s department improperly discharges deputy due to conviction for misdemeanor battery on girlfriend because conviction did not disqualify him from possessing firearm.
Employment Law May 7, 2013
California Dept. of Corrections and Rehabilitation v. State Personnel Board (Moya)
Workers’ compensation fraud investigation involving corrections sergeant may continue because agency has more than one year to investigate allegations.
Employment Law Apr. 29, 2013
US Airways Inc. v. McCutchen
Under ERISA plan, injured employee must reimburse employer for medical expenses paid on his behalf because employee settled with negligent driver.
Employment Law Apr. 17, 2013
Genesis Healthcare Corp. v. Symczyk
Collective action under Fair Labor Standards Act may not continue because plaintiff’s individual claim became moot after she ignored employer’s offer to settle.
Employment Law Apr. 17, 2013
Busk v. Integrity Staffing Solutions Inc.
Former employees may pursue class action against staffing company for unpaid time spent undergoing and waiting to go through security clearances.
Employment Law Apr. 15, 2013
Gonzalez v. Downtown LA Motors LP
Dealership may not avoid paying technicians for all hours worked by paying flat rate for repair tasks, but not paying separate hourly minimum wage for non-repair tasks.
Employment Law Apr. 3, 2013
Westendorf v. West Coast Contractors of Nevada Inc.
Employer must confront its former employee's retaliatory discharge claim where employee reasonably believed she suffered sexual harassment before being fired.
Employment Law Apr. 2, 2013
Hatai v. Dept. of Transportation
Caltrans employee of Japanese ancestry loses lawsuit against supervisor of Arab descent, alleging that non-Arabs were subjected to discriminatory treatment.
Employment Law Apr. 1, 2013