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Alameda County Joint Apprenticeship and Training Committee v. Roadway Electrical Works Inc.
Plaintiffs with claims against construction company tasked with rebuilding Bay Bridge are not required to exhaust administrative remedy before filing suit.
Employment Law Jul. 1, 2010
Simonia v. Glendale Nissan/Infiniti Disability Plan
Courts may award attorney fees in ERISA actions if litigant has achieved some success on merits and factors weigh in favor of award.
Employment Law Jun. 25, 2010
Rent-A-Center West Inc. v. Jackson
Former employer cannot challenge validity of employment arbitration agreement as whole in court where agreement delegates issue to arbitrator.
Employment Law Jun. 22, 2010
Martinez v. Combs
Agricultural workers may not recover unpaid minimum wages from farmer's produce merchants where they could not prevent plaintiffs from working.
Employment Law Jun. 11, 2010
Carver v. Holder
Action for enforcement of EEOC decision must challenge liability determination as to discrimination and finding with regard to remedies.
Employment Law May 28, 2010
Doyle v. City of Medford
City's policy of denying post-retirement health insurance coverage does not violate Due Process Clause where no protected property interest existed.
Employment Law May 27, 2010
Hardt v. Reliance Standard Life Insurance Co.
In ERISA lawsuit, court may award attorney fees to either party if fee claimant has achieved some degree of success on merits.
Employment Law May 24, 2010
Anthoine v. North Central Counties Consortium
Public employee’s statements regarding employer’s failure to comply with legal obligations are matter of public interest subject to First Amendment protection.
Employment Law May 24, 2010
Martinez v. Combs
Agricultural workers may not recover unpaid minimum wages from farmer's produce merchants where they could not prevent plaintiffs from working.
Employment Law May 20, 2010
Guinn v. County of San Bernardino
Probation officer’s denial of promotion based on merit does not qualify as ‘punitive action’ entitling officer to administrative appeal.
Employment Law May 18, 2010
Schmidt v. Burlington Northern and Santa Fe Railway Co.
Adequate evidence exists for jury to find railroad employed welder because it controlled aspects of work that may have caused his injury.
Employment Law May 18, 2010
Porter v. Winter
In federal court, former Navy employee can claim Title VII attorney fees from EEOC proceeding.
Employment Law May 6, 2010
Runyon v. Board of Trustees of the California State University
California State University employee need not obtain mandate petition before seeking damage remedy under California Whistleblower Protection Act.
Employment Law May 4, 2010
Ventress v. Japan Airlines
Federal Airline Deregulation Act does not preempt California whistle blower claim where employee’s actions had no impact on flight operations or services.
Employment Law May 3, 2010
Riverside Sheriffs' Association v. Board of Administration of the California Public Employees' Retirement System
Deputy coroners are not entitled to enhanced retirement benefits where their principal duties did not clearly include 'active law enforcement.'
Employment Law Apr. 27, 2010
Pearson Dental Supplies Inc. v. Superior Court (Turcios)
Court properly vacates arbitration award where arbitrator’s error deprived employee with mandatory arbitration agreement of hearing on unwaivable statutory employment claim.
Employment Law Apr. 27, 2010
Ellison v. Sequoia Health Services
Hospital board’s decision to terminate doctor’s hospital privileges is proper where board had authority to exercise its own independent judgment.
Employment Law Apr. 26, 2010
Conkright v. Frommert
Court must use deferential standard to determine reasonability of pension plan administrator’s interpretation of benefits under ERISA.
Employment Law Apr. 22, 2010
Bamonte v. City of Mesa
Donning and doffing of police uniforms and gear at police stations are not compensable activities.
Employment Law Mar. 25, 2010
California Attorneys v. Schwarzenegger
Governor lacks authority to mandate furloughs for State Compensation Insurance Fund employees.
Employment Law Mar. 21, 2010
Rutti v. Lojack Corp. Inc.
Employer may have to compensate employees for time spent uploading work data to company database while at home.
Employment Law Mar. 2, 2010
Traxler v. Multnomah County
Amount of front pay for former employee wrongly terminated from job for taking medical leave falls within purview of court, not jury.
Employment Law Feb. 28, 2010
Cumbie v. Woody Woo, Inc.
Restaurant 'tip pool' that gives greater proportion of tips to kitchen staff is valid when employer does not take tip credit.
Employment Law Feb. 23, 2010
Roby v. McKesson Corp.
Evidence of supervisor’s personnel management decisions is admissible to prove harassment so long as decisions were made to convey harassing message.
Employment Law Feb. 12, 2010
Harris v. City of Santa Monica
Employer accused of employment discrimination, which presents evidence of legitimate non-discriminatory motives, is entitled to jury instruction on mixed-motive affirmative defense.
Employment Law Feb. 8, 2010
Dotson v. Amgen Inc.
Arbitration agreement is valid in wrongful termination dispute despite limit placed on number of depositions employees could take.
Employment Law Feb. 4, 2010
Charles Schwab & Co. Inc. v. Debickero
Surviving spouse is not entitled to automatic rights to personally established and maintained IRA under ERISA.
Employment Law Jan. 25, 2010
Ohton v. California State University of San Diego
University investigation of National Collegiate Athletic Association violations erroneously found whistleblower’s statements were not made in good faith since they were untrue.
Employment Law Jan. 13, 2010
County of Los Angeles Dept. of Health Services v. Civil Service Commission of the County of Los Angeles (Latham)
Civil Service Commission may no longer hear grievances when civil servant retires where jurisdiction ends after retirement.
Employment Law Dec. 22, 2009
Haberman v. Cengage Learning Inc.
Hostile work environment sexual harassment does not occur where alleged incidents were not sexual or sufficiently pervasive.
Employment Law Dec. 22, 2009