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Rodriguez v. Lawrence Equipment, Inc.
Because of issue preclusion, former employee lacked standing to continue his Private Attorneys General Act (PAGA) claim after he failed to prove his wage-and-hour Labor Code claims in arbitration.
Employment Law 2DCA/3 Nov. 12, 2024
Bedard v. City of Los Angeles
Trial court's affirmance of city employee's termination due to refusal to be vaccinated was supported by substantial evidence.
Employment Law, Government 2DCA/3 Nov. 4, 2024
Bath v. State of California
State employees' contract claim against the State survived demurrer because right to receive compensation for completed work ripened into Constitutionally-protected contractual rights.
Government, Employment Law 1DCA/2 Oct. 25, 2024
Modification: Wentworth v. Regents of the University of California
Trial court erred in granting summary adjudication to U.C. Berkeley assistant professor's invasion of privacy claim.
Employment Law 1DCA/4 Oct. 25, 2024
Ramirez v. City of Indio
City Manager was not bound by an arbitrator's findings with respect to the evidence supporting termination of a police officer under the City of Indio's Memorandum of Understanding.
Government, Employment Law 4DCA/1 Oct. 14, 2024
Liu v. Miniso Depot CA, Inc.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act exempts an entire case from arbitration where plaintiff asserts at least one sexual harassment claim subject to the act.
Arbitration, Employment Law 2DCA/1 Oct. 8, 2024
Wentworth v. Regents of the University of California
Trial court erred in granting summary adjudication to U.C. Berkeley assistant professor's invasion of privacy claim.
Employment Law 1DCA/4 Oct. 2, 2024
Mooney v. Fife
Summary judgment improper where employee made prima facie showing of retaliation under False Claims Act and genuine issues of fact existed regarding whether proffered explanation for his termination was pretextual.
Employment Law 9th Oct. 1, 2024
Kim v. Uber Technologies, Inc.
Uber was not liable for driver who logged off from the Uber driver app and struck a pedestrian minutes later.
Employment Law, Torts 2DCA/8 Sep. 24, 2024
Silloway v. City and County of San Francisco
Summary judgment on overtime claim was improper where material questions of fact existed as to whether City of San Francisco's published salary ordinance was actually used in practice.
Employment Law 9th Sep. 12, 2024
Modification: Taylor v. Tesla, Inc.
Despite pending parallel litigation, refusal to respond to employee record requests under the Labor Code was not protected conduct subject to the provisions of the anti-SLAPP statute.
Anti-SLAPP, Employment Law 1DCA/4 Sep. 4, 2024
Stone v. Alameda Health System
Hospital authority was a public employer the Legislature intended to be exempt from Labor Code statutes regarding meal and rest breaks and timely payment of wages.
Employment Law CASC Aug. 16, 2024
Taylor v. Tesla, Inc.
Despite pending parallel litigation, refusal to respond to employee record requests under the Labor Code was not protected conduct subject to the provisions of the anti-SLAPP statute.
Anti-SLAPP, Employment Law 1DCA/4 Aug. 12, 2024
Parker v. BNSF Railway Company
District court improperly applied the Federal Railroad Safety Act, which prohibits discharge due even "in part" to an employee's refusal to violate a railroad safety regulation.
Employment Law 9th Aug. 12, 2024
Kennedy v. Las Vegas Sands Corporation
Corporate pilots were exempt from the overtime requirements of the Fair Labor Standards Act because they qualified as highly compensated, non-manual employees under the Act's definition.
Employment Law 9th Aug. 2, 2024
Turrieta v. Lyft, Inc.
Aggrieved employee asserting claims under Private Attorneys General Act has no personal or representative right to intervene in another aggrieved employee's action asserting overlapping claims.
Employment Law, Civil Procedure CASC Aug. 2, 2024
Okonowsky v. Garland
A colleague's social media page could reasonably create an objective hostile work environment under Title VII.
Employment Discrimination, Employment Law 9th Jul. 26, 2024
Castellanos, et al. v. State of California, et al.
Proposition 22 (classifying app-based drivers as independent contractors) does not conflict with Article XIV, Section 4 of the California Constitution.
Constitutional Law, Employment Law CASC Jul. 26, 2024
Ruelas v. County of Alameda
Non-convicted incarcerated individuals performing services in county jails for a private, for-profit company had no wage and hour claims under the California Labor Code.
Criminal Law and Procedure, Employment Law 9th Jul. 29, 2024
Cadena v. Customer Connexx LLC
The de minimis doctrine remains applicable to workers' claims for overtime wages under Section 207 of the Fair Labor Standards Act.
Employment Law 9th Jul. 11, 2024
Musquiz v. U.S. Railroad Retirement Board
Retired railworker was without fault for overpayments made by Railroad Retirement Board after the Board sent him a letter stating that it had adjusted his annuity based on additional wages.
Employment Law 9th Jul. 5, 2024
Perez v. Barrick Goldstrike Mines, Inc.
Family and Medical Leave Act does not require an employer to present contrary medical evidence before contesting a doctor's certification of a serious health condition.
Employment Law 9th Jul. 1, 2024
Rajaram v. Meta Platforms, Inc.
42 U.S.C. Section 1981 prohibits discrimination in hiring against United States citizens based on their citizenship.
Employment Discrimination, Employment Law 9th Jun. 28, 2024
Paleny v. Fireplace Products U.S., Inc.
Egg retrieval and freezing procedures did not qualify as a pregnancy-related medical condition or disability protected by FEHA.
Employment Discrimination, Employment Law 3DCA Jun. 28, 2024
Lusardi Construction Co. v. Dept. of Industrial Relations
Under former Labor Code Section 1777.7, prime contractor's knowledge of subcontractor's noncompliance with apprenticeship hiring requirements was sufficient to support penalizing the prime contractor for the noncompliance.
Employment Law, Remedies 4DCA/1 Jun. 26, 2024
Frayo v. Martin
Employee's refusal to take and provide the results of a COVID-19 test to his employer was not a refusal to sign an authorization under the Confidentiality of Medical Information Act.
Employment Law 6DCA Jun. 25, 2024
Ibarra v. Chuy & Sons Labor, Inc.
Defining aggrieved employees in a prelitigation notice is not required for a Private Attorneys General Act claim to proceed.
Employment Law 2DCA/6 Jun. 20, 2024
Olson v. State of California
California's differential treatment of worker misclassification in the transportation and delivery services sector relative to other sectors passed rational basis review.
Employment Law 9th Jun. 11, 2024
Hoglund v. Sierra Nevada Memorial-Miners Hospital
Substantial evidence supported plaintiff's age discrimination claim because ample evidence demonstrated that significant participant in her termination exhibited discriminatory animus towards her and that reasons for her firing were pretextual.
Employment Discrimination, Employment Law 3DCA May 20, 2024
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims.
Arbitration, Employment Law 9th May 13, 2024