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Sasco Electric v. California Fair Employment and Housing Commission (Scherl)
Employer commits pregnancy discrimination where employee would not have lost her job working on yacht if she had not been pregnant.
Employment Law Aug. 10, 2009
SEIU v. National Labor Relations Board
Union is required to give 10-day notice prior to engaging in collective refusal to work.
Employment Law Aug. 4, 2009
California Grocers Association v. City of Los Angeles
City ordinance requiring purchasers of large grocery stores to maintain prior owner's workforce for 90 days is preempted by state law.
Employment Law Aug. 3, 2009
Farahani v. San Diego Community College District
Terminated professor entitled to reinstatement where signed agreement containing waiver of appeal rights is null and void.
Employment Law Jul. 30, 2009
Lockhart v. MVM, Inc.
Grant of summary judgment is proper where plaintiff's state employment claims were barred by federal enclave doctrine.
Employment Law Jul. 28, 2009
Johnson v. Couturier, Jr.
Preliminary injunction upheld where defendant's inability to reimburse advancement of defense costs constitutes irreparable injury.
Employment Law Jul. 28, 2009
Kraus v. Presidio Trust Facilities Division/Residential Management Branch
Aggrieved federal employee does not fail to exhaust her claims where she contacted employment opportunity officer immediately after incidents of discrimination.
Employment Law Jul. 24, 2009
Martorana v. Marlin & Saltzman
Duty owed by class counsel does not require follow-up contact of class member who fails to file timely claim.
Employment Law Jul. 20, 2009
Trustees of the Screen Actors Guild-Producers Pension and Health Plans v. NYCA Inc.
Employment benefit plan cannot recover unpaid contribution from employer who was not party to collective bargaining agreement.
Employment Law Jul. 17, 2009
Messenger Courier Association of the Americas v. California Unemployment Insurance Appeals Board
California Unemployment Insurance Appeals Board’s decision as to whether employer properly treated workers as independent contractors is entitled to precedential effect.
Employment Law Jul. 17, 2009
Harris v. Amgen Inc.
Former employee who voluntarily withdraws assets from defined contribution plan governed by ERISA has standing to sue.
Employment Law Jul. 15, 2009
Sznewajs v. U.S. Bancorp Amended and Restated Supplemental Benefits Plan
Abuse of discretion standard applies to pension plan administrator's decision to treat second wife as survivor beneficiary.
Employment Law Jul. 14, 2009
Hughes v. Pair
Plaintiff alleging sexual harassment in relationship outside workplace must prove that conduct altered employment conditions or amounted to threat of assault.
Employment Law Jul. 7, 2009
Chau v. Starbucks Corp.
Starbucks Corporation shift supervisors working on service team with baristas are entitled to portion of collective tip.
Employment Law Jul. 7, 2009
Choi v. Orange County Great Park Corp.
Plaintiffs are 'prevailing parties' entitled to attorney fees where property development committee was compelled to produce CEO candidate resumes.
Employment Law Jul. 2, 2009
Martorana v. Marlin & Saltzman
Duty owed by class counsel does not require follow-up contact of class member who fails to file timely claim.
Employment Law Jul. 2, 2009
Scott v. Phoenix Schools, Inc.
Punitive damages award arising from wrongful termination claim not supported by sufficient evidence of malice or oppression.
Employment Law Jul. 2, 2009
Sanders Construction Co. Inc. v. Cerda
General contractor is responsible for unlicensed subcontractor's employees' unpaid wages.
Employment Law Jul. 1, 2009
Owen v. Macy's Inc.
Employer lawfully imposes six-month hold on accrual of vacation benefits for new employees and denies compensation for unearned vacation time.
Employment Law Jul. 1, 2009
Arias v. Superior Court (Angelo Dairy)
Employee's representative claims alleging violations of unfair competition law are subject to class action requirements.
Employment Law Jun. 30, 2009
McConnell v. Innovative Artists Talent and Literary Agency Inc.
Anti-SLAPP motion is improper where writing was not protected First Amendment activity and causes of action arose from defendant's conduct.
Employment Law Jun. 26, 2009
Gross v. FBL Financial Services Inc.
'Mixed-motives' instruction never proper in age discrimination suit as claimant must prove that age was 'but-for' cause of adverse employment decision.
Employment Law Jun. 19, 2009
Paterson v. City of Los Angeles
Supervisor's 'sick check' of police officer deemed interrogation subject to Public Safety Officers' Bill of Rights Act protection.
Employment Law Jun. 17, 2009
Smith v. T-Mobile USA Inc.
Appeal dismissed as moot after settlement of Fair Labor Standards Act claims for class action where no plaintiffs opted in.
Employment Law Jun. 16, 2009
Melkonians v. Los Angeles County Civil Service Commission
Tape-recorded call made by victim after attack seeking information about restraining order properly admitted as 'excited utterance.'
Employment Law Jun. 12, 2009
Bode v. Los Angeles Metropolitan Medical Center
Medical review board errs by designating doctor as 'initial applicant' bearing burden of proof regarding renewal of medical staff privileges.
Employment Law Jun. 12, 2009
San Diego Police Officers' Association v. San Diego City Employees' Retirement System
Reduction in 'pick-up' contributions to employee retirement plans does not violate employees' vested contractual rights.
Employment Law Jun. 11, 2009
Harger v. Department of Labor
Sovereign immunity not waived under APA Section 702 where attorney sought equitable lien for attorney fees.
Employment Law Jun. 11, 2009
Nein v. HostPro Inc.
While failure to procure broker's license does not bar recovery, employment agreement precluded collection of commissions after termination.
Employment Law Jun. 5, 2009
Johnson v. Arvin-Edison Water Storage District
California Labor Code provisions regarding overtime compensation and meal breaks do not apply public agency employer.
Employment Law Jun. 5, 2009