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Munoz v. Chipotle Mexican Grill Inc.
Denial of class certification is not appealable where plaintiff's PAGA claims remain, precluding application of 'death knell' doctrine.
Employment Law Jun. 30, 2015
Verdugo v. Alliantgroup L.P.
Enforcing forum selection clause in employment agreement designating Texas as exclusive forum violates California's public policy regarding employee compensation.
Employment Law Jun. 25, 2015
Khalatian v. Prime Time Shuttle Inc.
Employer's 14-month delay in filing motion to compel arbitration did not constitute waiver of its right to arbitrate driver's dispute.
Employment Law Jun. 9, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law Jun. 4, 2015
Oregel v. PacPizza LLC
Employer waives right to enforce purported arbitration agreement based on its conduct and lengthy delay in filing petition to compel arbitration.
Employment Law Jun. 2, 2015
EEOC v. Abercrombie & Fitch Stores Inc.
Disparate-treatment claim based on failure to accommodate religious practice does not impose a knowledge requirement; plaintiff need only show motive.
Employment Law Jun. 1, 2015
Verdugo v. Alliantgroup
Enforcing forum selection clause in employment agreement designating Texas as exclusive forum violates California's public policy regarding employee compensation.
Employment Law May 31, 2015
LeGras v. AETNA Life Insurance Co.
Error to conclude employee's appeal denying disability benefits is untimely when he mailed appeal on the Monday following the Saturday deadline.
Employment Law May 28, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law May 27, 2015
Harris v. Amgen Inc.
Employees of pharmaceutical giant Amgen Inc. may pursue ERISA claims related to company's handling of employee stock-ownership plans.
Employment Law May 26, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law May 17, 2015
Ashbey v. Archstone Property Management Inc.
Employee's Title VII claim must be arbitrated because, by signing acknowledgment, employee knowingly waived his right to judicial forum.
Employment Law May 12, 2015
Marzec v. CalPERS
Factual disputes exist regarding whether CalPERS' disability retirement plans for workers who purchased additional service credits violates CalPERS' fiduciary duty.
Employment Law May 11, 2015
Hirst v. City of Oceanside
FEHA's protection against harassment encompasses phlebotomist who worked for employer that provided her services to city pursuant to a contract.
Employment Law May 10, 2015
Williams v. Chino Valley Independent Fire Dist.
California Government Code Section 12965(b) and the Christiansburg standard should have been applied to calculate whether prevailing defendant should be awarded its costs in FEHA action.
Employment Law May 4, 2015
Mach Mining LLC v. Equal Employment Opportunity Commission
Equal Employment Opportunity Commission's conciliation activities is subject to very narrow judicial review.
Employment Law Apr. 29, 2015
Nigro v. Sears, Roebuck and Co.
Ulcerative colitis sufferer may proceed with discrimination claim alleging Sears fired him due to his disability.
Employment Law Apr. 12, 2015
Barboza v. Cal. Ass'n of Prof. Firefighters
Firefighters’ long-term disability plan meets the requirements for a trust under 29 U.S.C. § 1103(a), though not expressly described as such.
Employment Law Apr. 7, 2015
Dickson v. Burke Williams Inc.
Employer not liable for failing to prevent sexual harassment where there is no viable underlying claim for harassment.
Employment Law Mar. 25, 2015
Serafin v. Balco Properties Ltd., LLC
Compelling arbitration in employment dispute is not error when unconscionable attorney fee provision severed from arbitration agreement.
Employment Law Mar. 16, 2015
Lanquist v. Ventura County Employees’ Retirement Association (County of Ventura)
Ventura County must allow county employees to purchase retirement service credit for time served as midshipmen at the U.S. Naval Academy.
Employment Law Mar. 16, 2015
Telish v. Cal. State Personnel Board (California Dept. of Justice)
Telephone conversations recorded at the behest of state DOJ as part of criminal investigation against state employee is admissible at his administrative hearing.
Employment Law Mar. 15, 2015
Franco v. Arakelian Enterprises
Employer may enforce arbitration agreement that compels waiver of class action, but cannot force employee to arbitrate PAGA claims under ‘Iskanian.’
Employment Law Mar. 11, 2015
Telish v. California State Personnel Board (California Dept. of Justice)
Telephone conversations recorded at the behest of state DOJ as part of criminal investigation against state employee is admissible at his administrative hearing.
Employment Law Mar. 10, 2015
Dickson v. Burke Williams Inc.
Employer not liable for failing to prevent sexual harassment where there is no viable underlying claim for harassment.
Employment Law Mar. 8, 2015
Tamosaitis v. URS Inc.
Nuclear site whistleblower may file anti-retaliation claim in federal court, although prior administrative complaint had technical mistake in employer’s name.
Employment Law Mar. 4, 2015
Securitas Security Services USA Inc. v. Superior Court (Edwards)
Court improperly sends employee’s entire claims to arbitration despite unenforceable PAGA waiver, which rendered entire arbitration agreement unenforceable.
Employment Law Mar. 2, 2015
Franco v. Arakelian Enterprises Inc.
Employer may enforce arbitration agreement that compels waiver of class action, but cannot force employee to arbitrate PAGA claims under ‘Iskanian.’
Employment Law Feb. 26, 2015
Mies v. Sephora U.S.A.
Individualized issues predominate in attempted class action, meriting denial of class certification.
Employment Law Feb. 26, 2015
Nigro v. Sears, Roebuck and Co.
Ulcerative colitis sufferer may proceed with discrimination claim alleging Sears fired him due to his disability.
Employment Law Feb. 25, 2015