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People ex rel. Harris v. Pac Anchor Transportation Inc.
Federal Administration Authorization Act of 1994 does not preempt California unfair competition law action based on violations of state labor and insurance laws. 		Employment Law Jul. 28, 2014
Gotterba v. Travolta
John Travolta and company may not dismiss former employee’s suit to establish rights under termination agreement by asserting claim arose from attorney’s prelitigation demands. 		Employment Law Jul. 22, 2014
Sandqusit v. Lebo Automotive Inc.
Arbitrator, instead of court, has to decide issue of whether employee was bound by arbitration clause that prohibited class arbitration. 		Employment Law Jul. 22, 2014
Galen v. Redfin Corp.
Independent contractor may not avoid arbitration of misclassification claims under Labor Code by asserting claims did not arise from terms in arbitration agreement. 		Employment Law Jul. 21, 2014
Rhea v. General Atomics
Employer may require exempt employees to use annual leave hours while absent from work for part of day, even if absence is for less than four hours. 		Employment Law Jul. 21, 2014
Rodriguez v. City of Santa Cruz
Trial court must apply independent judgment standard when reviewing denial of police officer’s application for disability retirement based on posttraumatic stress disorder. 		Employment Law Jul. 17, 2014
Peabody v. Time Warner Cable Inc.
Employers may not attribute commissioned wages paid in one pay period to different pay period to satisfy California’s overtime and minimum wage requirements. 		Employment Law Jul. 14, 2014
Dept. of Corrections and Rehabilitation v. State Personnel Board (Martin)
State Personnel Board must include overtime pay reinstated employee earned from alternate employment in calculating offset in award for back pay and benefits. 		Employment Law Jul. 14, 2014
Avila v. Los Angeles Police Dept.
LAPD may not claim that it fired officer due to his failure to submit overtime requests, rather than his testimony in fellow officer’s FLSA unpaid overtime suit against LAPD. 		Employment Law Jul. 10, 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 Jul. 9, 2014
Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros)
Employee’s refusal to sign disciplinary notice outside presence of union representative does not constitute misconduct to render him ineligible for unemployment benefits. 		Employment Law Jul. 6, 2014
Anderson v. City and County of San Francisco
Male deputies may challenge San Francisco policy preventing them from supervising female inmates where County did not establish that policy was necessary. 		Employment Law Jul. 2, 2014
Ayala v. Antelope Valley Newspapers Inc.
Newspaper carriers may sue Antelope Valley Press on class action basis for misclassifying them as independent contractors, despite having right to control their work. 		Employment Law Jun. 30, 2014
Von Nothdurft v. Steck
Apartment building owner is entitled to credit against minimum wage obligations based on free rent provided to manager because they agreed to that arrangement. 		Employment Law Jun. 26, 2014
Salas v. Sierra Chemical Co.
Federal immigration law does not preempt immigrant worker’s claims under California’s FEHA, even if he used false documents to secure employment. 		Employment Law Jun. 26, 2014
Fifth Third Bancorp v. Dudenhoeffer
'Employee stock ownership plan' fiduciaries are not entitled to special presumption of prudence, as they are subject to same duty as other ERISA fiduciaries. 		Employment Law Jun. 25, 2014
Iskanian v. CLS Transportation Los Angeles LLC
Arbitration agreement that compels waiver of representative actions under Private Attorneys General Act is unenforceable as a matter of public policy. 		Employment Law Jun. 23, 2014
Davis v. Nordstrom Inc.
Nordstrom may require employee to arbitrate dispute based on revised provision she accepted by continuing employment after receiving notice of revisions. 		Employment Law Jun. 23, 2014
Johnmohammadi v. Bloomingdale's Inc.
Former employee must arbitrate claims against Bloomingdale’s, because she did not choose to opt out of arbitration agreement that waived class action right. 		Employment Law Jun. 23, 2014
Lane v. Franks
First Amendment protects outreach program director, who was fired after testifying at employee’s criminal trial, because testimony was outside scope of ordinary job duties. 		Employment Law Jun. 19, 2014
Ruiz v. Affinity Logistics Corp.
Delivery drivers are wrongfully classified as independent contractors under California law, in light of employer’s right to heavily control their work. 		Employment Law Jun. 17, 2014
Malone v. Superior Court (California Bank & Trust)
Delegation clause in arbitration agreement, which stated that issues related to enforceability of agreement would go before arbitrator, is not unconscionable. 		Employment Law Jun. 17, 2014
Kim v. Konad USA Distribution Inc.
Employee proves she exhausted administrative remedies before suing employer for sexual harassment by submitting complaints to DFEH and obtaining right-to-sue letters. 		Employment Law Jun. 13, 2014
Gabriel v. Alaska Electrical Pension Fund
Retiree may not recover surcharge from pension fund, which allegedly breached its fiduciary duty by incorrectly paying him benefits he had not earned. 		Employment Law Jun. 9, 2014
Staniforth v. The Judges' Retirement System (Chiang)
Judicial pensioners, who claimed their pension payments were being underpaid, are not exempt from caps to cost of living adjustments in underlying salary structure. 		Employment Law Jun. 6, 2014
Staniforth v. The Judges' Retirement System (Chiang)
Judicial pensioners, who claimed their pension payments were being underpaid, are not exempt from caps to cost of living adjustments in underlying salary structure. 		Employment Law Jun. 2, 2014
Duran v. U.S. Bank National Association
Bank escapes $15 million verdict in wage and hour class action because trial court implemented trial plan using seriously flawed statistical sampling. 		Employment Law May 30, 2014
Piccinini v. California Emergency Management Agency
Prospective deputy chief of Emergency Management Agency may proceed with claim against State after job offer was rescinded days before his start date. 		Employment Law May 29, 2014
Serri v. Santa Clara University
University director cannot revive employment discrimination action based on evidence prepared after her termination that did not dispel legitimate reasons for firing. 		Employment Law May 29, 2014
Rosenfeld v. Abraham Joshua Heschel Day School Inc.
Teacher who claimed she was forced to quit due to her age may not pursue ‘disparate impact’ theory during trial after originally pleading ‘disparate treatment.’ 		Employment Law May 29, 2014
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