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Name Category Published
Fahlen v. Sutter Central Valley Hospitals
Whistleblower doctor is not required to exhaust administrative remedies where such proceedings would provide means for retaliation. 		Employment Law Aug. 15, 2012
Truly Nolen of America v. Superior Court (Miranda)
'Gentry v. Superior Court', which permits invalidation of class action arbitration waivers, remains viable despite 'AT&T Mobility LLC v. Concepcion.' 		Employment Law Aug. 14, 2012
Bullock v. Berrien
Aggrieved employee subject to procedural rules of Title VII exhausts her administrative remedies by filing formal complaint for adjudication by administrative law judge. 		Employment Law Jul. 31, 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 Jul. 31, 2012
Arias v. Kardoulias
Dismissal of employee’s appeal of Labor Commissioner’s decision on jurisdictional grounds is not ‘award of zero’ for purposes of assessing one-way fee shifting provision. 		Employment Law Jul. 27, 2012
Harris v. Superior Court (Liberty Mutual Insurance Co.)
Insurance claims adjusters are not exempt from overtime compensation because they are production workers, performing day-to-day operations of insurance companies. 		Employment Law Jul. 24, 2012
Robles v. Employment Development Dept.
Terminated employee is not disqualified for unemployment compensation benefits because his attempt to buy shoes for friend was not misconduct. 		Employment Law Jul. 17, 2012
Deleon v. Verizon Wireless LLC
Phone company may legally advance commission payments to its sales representatives and recover against future commissions if certain conditions are not met. 		Employment Law Jul. 11, 2012
Mendiola v. CPS Security Solutions Inc.
Trailer guards who stay overnight on job sites in residential trailers must be compensated for all time spent on site, except sleep time. 		Employment Law Jul. 5, 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 Jul. 5, 2012
City of San Diego v. Haas
Although ordinance on employee benefits operates retroactively, it is not invalid because it only amends city's municipal code to reflect already existing agreements. 		Employment Law Jul. 2, 2012
Patterson v. Domino's Pizza LLC
Summary judgment is improper on claim for vicarious liability where evidence supported reasonable inference that franchisor exerted control over franchisee. 		Employment Law Jun. 28, 2012
Bilyeu v. Morgan Stanley Long Term Disability Plan
ERISA’s administrative exhaustion requirement is excused where claimant acted reasonably in light of claim administrator’s unclear communications and failure to engage in meaningful dialogue. 		Employment Law Jun. 20, 2012
CGI Technologies and Solutions Inc. v. Rose
In action by employer seeking reimbursement under ERISA, recovery must incorporate equity in addition to contract's terms. 		Employment Law Jun. 20, 2012
Pulli v. Pony International LLC
Existence of invalid release of wage claim does not provide defense to enforcement of arbitration provision contained in same agreement. 		Employment Law Jun. 19, 2012
Rickards v. United Parcel Service Inc.
Fair Employment and Housing Act complaint is sufficiently verified where attorney completed online form, which lacked signature line. 		Employment Law Jun. 19, 2012
Housing Partners I Inc. v. Duncan
Housing development project does not qualify for exemption from prevailing wage law because it was supported by combination of housing funds and public funds. 		Employment Law Jun. 18, 2012
Christopher v. SmithKline Beecham Corp.
Pharmaceutical sales representatives are not entitled to overtime compensation under Fair Labor Standards Act because they qualify as 'outside salesmen.' 		Employment Law Jun. 18, 2012
Renfro v. The Funky Door Long Term Disability Plan
Plan administrator does not abuse discretion in deducting Social Security Disability Insurance benefits from payment of benefits under long term disability plans. 		Employment Law Jun. 18, 2012
Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros)
Employee’s refusal to sign receipt of disciplinary memorandum constitutes misconduct that disqualifies employee from receiving unemployment benefits. 		Employment Law Jun. 17, 2012
Hoover v. American Income Life Insurance Co.
Employer waives right to compel arbitration where it failed to introduce question of arbitration over one year after filing of complaint. 		Employment Law Jun. 14, 2012
Elgin v. Dept. of Treasury
Civil Service Reform Act precludes district court jurisdiction over petitioners' claims because Congress intended CSRA review scheme to provide exclusive avenue to judicial review. 		Employment Law Jun. 11, 2012
Bluford v. Safeway Stores Inc.
Truck driver's lawsuit against Safeway Stores based on its alleged failure to pay for rest periods may continue as class action. 		Employment Law May 29, 2012
Schechner v. KPIX-TV
Plaintiffs in age discrimination case fail to establish prima facie case where employer's legitimate non-discriminatory reasons for layoff decisions were not pretext for discrimination. 		Employment Law May 29, 2012
Fitzsimons v. California Emergency Physicians Medical Group
Plaintiff's claim alleging retaliation for reporting sexual discrimination does not fail even where plaintiff is bona fide partner, not employee, of defendant medical group. 		Employment Law May 16, 2012
People ex rel. Harris v. Sunset Car Wash LLC
Successor car wash operator is liable for predecessor’s wage law violations where successor operates at same location and performs same services as predecessor. 		Employment Law May 16, 2012
Cash v. Winn
Caregiver who provides health care related services but is not registered nurse does not lose her status as personal attendant and is thus exempt from overtime wages. 		Employment Law May 14, 2012
Aleksick v. 7-Eleven Inc.
Unfair competition law claim for Labor Code wage dispute against payroll company cannot be maintained where no employer-employee relationship exists. 		Employment Law May 8, 2012
Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone)
Trial court errs in denying motion to dismiss wage-and-hour class action allegations where arbitration agreement was enforceable and did not authorize class arbitration. 		Employment Law May 1, 2012
Kirby v. Immoos Fire Protection Inc.
Prevailing defendant is not entitled to attorney fees because claim for failure to provide rest breaks does not constitute ‘action brought for nonpayment of wages.’ 		Employment Law Apr. 30, 2012
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