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Landers v. Quality Communications Inc.
Employee’s wage and hour claim is properly dismissed because his threadbare allegations did not support reasonable inference of his entitlement to overtime pay. 		Employment Law Nov. 12, 2014
Martinez v. Joe's Crab Shack Holdings
Managers at Joe’s Crab Shack restaurants may maintain wage and hour class action against company in relation to work they allegedly performed on nonexempt tasks. 		Employment Law Nov. 10, 2014
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 Nov. 9, 2014
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 Oct. 30, 2014
Godfrey v. Oakland Port Services Corp.
Motor carrier must properly pay drivers pursuant to California’s meal and rest break requirements, which are not preempted by federal law regulating trucking industry. 		Employment Law Oct. 28, 2014
Quintanar v. County of Riverside
Hearing officer’s alleged failure to use independent judgment in upholding police officer’s demotion does not prejudicially affect his substantive rights. 		Employment Law Oct. 26, 2014
Solus Industrial Innovations LLC v. Superior Court (People)
Plastics manufacturer does not have to pay civil penalties under California’s unfair competition law in connection with deadly workplace water heater accident at facility. 		Employment Law Oct. 19, 2014
Dynamex Operations West Inc. v. Superior Court (Lee)
Drivers who sued employer for improper reclassification may use definition of ‘employment relationship’ within Industrial Welfare Commission wage orders. 		Employment Law Oct. 15, 2014
Network Capital Funding Corp. v. Papke
Employee’s mere agreement to submit all disputes to arbitration does not mean he can initiate class arbitration where agreement did not so provide. 		Employment Law Oct. 12, 2014
Solus Industrial Innovations LLC v. Superior Court (People)
Plastics manufacturer does not have to pay civil penalties under California’s unfair competition law in connection with deadly workplace water heater accident at facility. 		Employment Law Sep. 23, 2014
Peter-Palican v. Government of the Commonwealth of the Northern Mariana Islands
Northern Mariana Islands special assistant to Governor may not sue for retaliation, breach of contract or estoppel based on termination from her position. 		Employment Law Sep. 17, 2014
Andersen v. DHL Retirement Pension Plan
Employer may legally eliminate retirement plan participants' right to transfer account balances from defined contribution plan to defined benefit plan. 		Employment Law Sep. 15, 2014
Castaneda v. The Ensign Group Inc.
In wage and hour class action, company that owns other company may be employer of other company’s employees, when it controlled how services were performed. 		Employment Law Sep. 15, 2014
Irving v. California Unemployment Insurance Appeals Board (Los Angeles Unified School District)
Driver commits misconduct by repeatedly taking excessive breaks and falsifying timesheets, disqualifying him from receiving unemployment compensation benefits. 		Employment Law Sep. 14, 2014
Dilts v. Penske Logistics LLC
Federal Aviation Administration Authorization Act does not preempt truck drivers’ class action against trucking company alleging violations of California’s meal and rest break laws. 		Employment Law Sep. 8, 2014
Kao v. The University of San Francisco
University of San Francisco is not required to engage in interactive process before requiring professor to undergo psychological fitness-for-duty evaluation. 		Employment Law Sep. 3, 2014
Jimenez v. Allstate Insurance Co.
Claims adjusters may proceed as class in action against Allstate Insurance for allegedly maintaining unofficial policy requiring unpaid overtime work. 		Employment Law Sep. 3, 2014
Patterson v. Domino’s Pizza LLC
Domino’s is not liable for sexual harassment based on acts of franchisee’s worker because it lacked authority to control franchisee’s workers. 		Employment Law Aug. 28, 2014
Alexander v. FedEx Ground Package System Inc.
California FedEx drivers are considered employees, not independent contractors, due to company's broad right to control manner in which drivers perform work. 		Employment Law Aug. 27, 2014
Slayman v. FedEx Ground Package System Inc.
Under Oregon’s right-to-control test, Oregon FedEx drivers are employees, not independent contractors, given FedEx controlled their appearance, vehicles and schedules. 		Employment Law Aug. 27, 2014
Cruise v. Kroger Co.
California Arbitration Act must govern arbitration, rather than terms of employer’s arbitration policy, because company was unable to actually prove contents of policy. 		Employment Law Aug. 27, 2014
Yau v. Santa Margarita Ford Inc.
Car dealership employee, who alleged he was fired after complaining about fraudulent warranty claims, may sue for wrongful termination in violation of public policy. 		Employment Law Aug. 26, 2014
Shaw v. Superior Court (THC-Orange County Inc.)
Former health facility employee has right to jury trial on her action for money damages alleging retaliation for her complaints about conditions at facility. 		Employment Law Aug. 24, 2014
Hager v. County of Los Angeles
Deputy sheriff’s disclosure of another deputy’s involvement in missing deputy’s murder is protected whistleblower activity, even if he was not first to report it. 		Employment Law Aug. 20, 2014
McLean v. State of California
For purposes of receiving final wages, as well as waiting time penalties, employee who retires must be treated same as employee who quits. 		Employment Law Aug. 19, 2014
Thomas v. County of Riverside
Employee may continue to pursue First Amendment retaliation claims, which district court dismissed as trivial although they could deter speech when viewed in isolation. 		Employment Law Aug. 18, 2014
Van Asdale v. International Game Technology
Prevailing Sarbanes-Oxley Act whistleblowers are entitled to postjudgment interest at rate that normally applies to all civil cases in federal district courts. 		Employment Law Aug. 17, 2014
Weaving v. City of Hillsboro
Sergeant's termination due to interpersonal problems at work does not violate ADA because his ADHD did not substantially limit his ability to interact with others. 		Employment Law Aug. 17, 2014
Cochran v. Schwan’s Home Service Inc.
Employees who must use their personal cell phones for work-related calls are entitled to reimbursement from employer, even if third person pays phone bill. 		Employment Law Aug. 12, 2014
Rebolledo v. Tilly's Inc.
Employer cannot force employee to arbitrate wage and hour claims where arbitration agreements specifically excluded labor law violations within Labor Commissioner’s jurisdiction. 		Employment Law Aug. 7, 2014
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