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Edgerly v. City of Oakland
Former city administrator of Oakland cannot file suit under Whistleblower Protection Statute based on her refusal to violate City's charter and local laws.
Employment Law Dec. 12, 2012
Lui v. City and County of San Francisco
Police officer, who could not work in field, lacks valid discrimination claim because all sworn officers must be capable of emergency field work.
Employment Law Dec. 11, 2012
Kloeckner v. Solis
Federal employee may file discrimination suit against agency in district court regardless of whether review board dismissed her claim on merits or procedural grounds.
Employment Law Dec. 10, 2012
Veronese v. Lucasfilm Ltd.
Trial court incorrectly refuses to give special ‘business judgment’ instruction to jury in case involving woman who alleged pregnancy discrimination.
Employment Law Dec. 10, 2012
Basurto v. Imperial Irrigation District
Employee involved in accident while using irrigation district's vehicle to deliver water to farmers may not challenge district board's termination decision.
Employment Law Dec. 9, 2012
Franco v. Arakelian Enterprises Inc.
Employee is not required to arbitrate overtime pay claims when arbitration is inappropriate for purpose of vindicating his unwaivable statutory rights.
Employment Law Dec. 5, 2012
Faigin v. Signature Group Holdings Inc.
Company’s general counsel is entitled to payment based on involuntary termination after hiring of new management group pursuant to FDIC order.
Employment Law Dec. 5, 2012
City of Pleasanton v. Board of Administration of the California Public Employees’ Retirement System
Retired battalion chief’s additional ‘standby pay’ is not ‘special compensation’ for purposes of calculating his monthly retirement allowance.
Employment Law Dec. 2, 2012
Franco v. Arakelian Enterprises Inc.
Employee is not required to arbitrate overtime pay claims when arbitration is inappropriate for purpose of vindicating his unwaivable statutory rights.
Employment Law Nov. 26, 2012
Richey v. AutoNation Inc.
Employer may not deny reinstatement to employee on medical leave based on ‘honest belief’ that he worked somewhere else during leave.
Employment Law Nov. 14, 2012
Morgan v. Wet Seal Inc.
Court rejects class certification of action by clothing company's employees where company dress code was lawful and applied differently to employees.
Employment Law Nov. 9, 2012
Day v. AT&T Disability Income Plan
Plan administrator correctly reduces benefits based on reasonable determination that employee received pension benefits when he rolled them into IRA.
Employment Law Nov. 2, 2012
See's Candy Shops Inc. v. Superior Court (Silva)
Employee fails to show that employer's policy of rounding in and out times to nearest tenth of an hour resulted in inaccurate time records.
Employment Law Oct. 30, 2012
Ayala v. Antelope Valley Newspapers Inc.
Newspaper delivery carriers' lawsuit alleging newspaper improperly classified them in violation of California labor laws moves forward as class action.
Employment Law Oct. 19, 2012
Alamo v. Practice Management Information Corp.
Female employee successfully sues former employer for being fired from employment after returning from maternity leave because pregnancy was ‘motivating reason’ for termination.
Employment Law Oct. 19, 2012
Elijahjuan v. Superior Court (Mike Campbell & Associates Ltd.)
Company cannot enforce contract's arbitration clause with workers where dispute did not arise from employement contracts.
Employment Law Oct. 18, 2012
Gorlach v. The Sports Club Co.
Employer may not force former employee to arbitrate claims, even if she led executives to believe she signed arbitration agreement before resigning.
Employment Law Oct. 17, 2012
Tien v. Tenet Healthcare Corp.
Wage-related claims may not be pursued by class of employees due to excessive number of questions regarding reasons for taking breaks.
Employment Law Oct. 5, 2012
Batarse v. Service Employees International Union Local 1000
Union representative may not challenge union’s decision to fire him after he lied about his legal background while applying for the job.
Employment Law Sep. 28, 2012
Dutra v. Mercy Medical Center Mt. Shasta
Employee cannot sue her employer for wrongful termination based on policy that prohibits firing employees for filing workers’ compensation claims.
Employment Law Sep. 27, 2012
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks.
Employment Law Sep. 26, 2012
Aleman v. AirTouch Cellular
Employer that prevailed on reporting time and split shift pay claims filed by its employees is entitled to attorney fees on reporting claim.
Employment Law Sep. 21, 2012
Sheppard v. David Evans and Assoc.
Employee's age discrimination pleading survives by alleging that she performed well, but her company treated younger co-workers better.
Employment Law Sep. 13, 2012
Flores v. Lamps Plus Inc.
Dispute over meal and rest breaks cannot move forward as class action because individual issues of employees predominated over common issues.
Employment Law Sep. 6, 2012
Bell v. H.F. Cox Inc.
ERISA preempts state law action for unpaid vacation only if employer maintains separate account for payment of vacation benefits.
Employment Law Sep. 6, 2012
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks.
Employment Law Aug. 31, 2012
Muldrow v. Surrex Solutions Corp.
Under commission exemption, employees are not entitled to overtime pay because their job duties involved 'selling' candidates on job placements.
Employment Law Aug. 30, 2012
McGuire v. Employment Development Dept.
Plaintiff does not qualify for extended unemployment benefits because base period used to determine eligibility is same as period used to determine regular benefits.
Employment Law Aug. 23, 2012
Sparks v. Vista del Mar Child and Family Services
Former employee is not bound by arbitration clause, which was included in lengthy employee handbook and employee did not specifically acknowledge.
Employment Law Aug. 21, 2012
Touchstone Television Productions v. Superior Court (Sheridan)
Actress may not sue for wrongful termination in violation of public policy based upon employer’s refusal to renew her employment contract.
Employment Law Aug. 17, 2012