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Johnson v. Board of Trustees of the Boundary County School District No. 101
Disabled individual failing to independently satisfy job prerequisite is not qualified for position, and therefore, employer is not obligated to accommodate. 		Employment Law Dec. 9, 2011
Durand v. U.S. Dept. of Labor
Federal Employee Compensation Act beneficiary may not deduct litigation costs from refund of benefits owed to United States following settlement of civil action. 		Employment Law Nov. 18, 2011
Fuentes v. AutoZone Inc.
Jury’s verdict in favor of plaintiff is supported where plaintiff’s testimony was not inherently improbable and evidence of pervasive sexual harassment existed. 		Employment Law Nov. 17, 2011
Haligowski v. Superior Court (Pantuso)
Military and Veterans Code Section 394 allows members of armed forces to hold their employers, but not individual employees, liable for discrimination. 		Employment Law Nov. 14, 2011
Reliable Tree Experts v. Baker (California Dept. of Transportation)
Tree pruning and removal services performed along state highways constitute ‘maintenance work’ subject to Prevailing Wage Law. 		Employment Law Nov. 9, 2011
Jaramillo v. County of Orange
Court properly awards back pay for period of time between termination and employee's conviction of felony, which would have resulted in discharge anyway. 		Employment Law Nov. 9, 2011
Brennan v. Townsend & O’Leary Enterprises Inc.
Motion for judgment notwithstanding verdict is properly granted where sporadic incidents of alleged sexual conduct did not amount to pervasive harassment creating hostile work environment. 		Employment Law Oct. 18, 2011
Nicholas Laboratories LLC v. Chen
Employer is not required to indemnify former employee for attorney fees incurred by employee during successful defense of action brought by employer. 		Employment Law Oct. 12, 2011
Earl v. Nielsen Media Research Inc.
Summary judgment is improper where plaintiff raises triable issue that employer’s reason for termination was pretext for unlawful age discrimination. 		Employment Law Sep. 26, 2011
Lopez v. Pacific Maritime Association
Plaintiff’s claims for disparate treatment and impact fail where he did not present some evidence of one-strike rule's disparate impact on recovered addicts. 		Employment Law Sep. 21, 2011
Solis v. State of Washington Dept. of Social and Health Services
Social workers do not come within 'learned professional' exemption from overtime pay where position required degree or coursework in one of several academic disciplines. 		Employment Law Sep. 12, 2011
Stillman v. Board of Retirement of the Fresno County Employees’ Retirement Association
Retirement association must determine compensation upon which retirement benefit is based from Government Code definition of ‘compensation,’ which excludes employer pickup. 		Employment Law Sep. 2, 2011
Withrow v. Bache Halsey Stuart Shield Inc.
ERISA claim is not untimely where claimant does not have reason to know of benefit denial until insurer denies appeal. 		Employment Law Aug. 24, 2011
Zelasko-Barrett v. Brayton-Purcell LLP
Professional exemption from overtime pay applies to law school graduate performing legal services, who was not yet licensed to practice law. 		Employment Law Aug. 18, 2011
Rogers v. County of Los Angeles
Employee’s claim of interference with medical leave is barred where employee failed to return to work upon end of her 12-week protected leave. 		Employment Law Aug. 17, 2011
Salas v. Sierra Chemical Co.
After-acquired-evidence doctrine bars employee’s claims where employer would have refused to hire employee based on use of counterfeit Social Security card. 		Employment Law Aug. 10, 2011
Pantoja v. Anton
‘Me-too’ evidence is erroneously excluded where acts of defendant’s harassment show discriminatory or biased intent based on gender. 		Employment Law Aug. 10, 2011
Paton v. Advanced Micro Devices Inc.
Summary judgment is improper where evidence does not conclusively show employer’s sabbatical program did not qualify as vacation under Labor Code. 		Employment Law Aug. 8, 2011
Walls v. Central Contra Costa Transit Authority
Employer denies public employee due process where employee did not receive pre-termination hearing, and post-termination procedures were inadequate. 		Employment Law Aug. 4, 2011
Castillo v. Toll Bros. Inc.
Court erroneously grants subcontractor summary judgment where employee raised triable issue of fact with respect to sufficiency of contractor’s ability to pay wages. 		Employment Law Jul. 29, 2011
Hensel Phelps Construction Co. v. San Diego Unified Port District
Prevailing wage law applies to construction project where lease between public corporation and owner provided baseline rent that was reduced by 'rent credit.' 		Employment Law Jul. 27, 2011
Brown v. Ralphs Grocery Co.
Decision holding that Federal Arbitration Act preempts California law regarding class action waiver does not apply to contractual waiver of private attorney general claim. 		Employment Law Jul. 21, 2011
Brown v. Ralphs Grocery Co.
Decision holding that Federal Arbitration Act preempts California law regarding class action waiver does not apply to contractual waiver of private attorney general claim. 		Employment Law Jul. 13, 2011
Securitas Security Services USA Inc. v. Superior Court (Holland)
Employees working uninterrupted overnight shifts on consecutive days do not work ‘split shifts,’ which would entitle them to split-shift pay. 		Employment Law Jul. 8, 2011
Soderstedt v. CBIZ Southern California LLC
Court properly denies class certification to accounting associates, who alleged misclassification, where they worked in firm with multiple locations and held varied positions. 		Employment Law Jul. 8, 2011
Barboza v. California Association of Professional Firefighters
Claim for disability benefits is deemed exhausted under ERISA where plan failed to render decision within 90 days of administrative appeal. 		Employment Law Jul. 1, 2011
Probert v. Family Centered Services of Alaska Inc.
Overtime provisions in Fair Labor Standards Act do not cover organization that operates homes where 'house parents' provided residences for emotionally disturbed children. 		Employment Law Jun. 23, 2011
Cyr v. Reliance Standard Life Insurance Co.
ERISA claim for increased benefits is not limited to benefits plan or plan administrator, and third-party insurer is proper defendant. 		Employment Law Jun. 22, 2011
Borough of Duryea v. Guarnieri
Government employer's allegedly retaliatory actions do not give rise to liability under Petition Clause unless petition related to matter of public interest. 		Employment Law Jun. 20, 2011
Wal-Mart Stores Inc. v. Dukes
Certification of class of female employees, who alleged that employer engaged in discrimination by allowing disparate treatment, is improper due to lack of commonality. 		Employment Law Jun. 20, 2011
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