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Perez v. Rose Hills Company
Because defendant employer's violation-rate assumption was reasonably based on plaintiff employee's wage-and-hour complaint, it met the Class Action Fairness Act federal jurisdictional amount requirement.
Civil Procedure, Employment Law 9th Mar. 17, 2025
Moniz v. Adecco USA, Inc.
Private Attorneys General Act plaintiff lacked standing to move to vacate settlement reached in overlapping PAGA action against the same defendant.
Employment Law, Civil Procedure 1DCA/4 Mar. 4, 2025
Rodriguez v. Packers Sanitation Services
Trial court correctly declined to compel representative-only Private Attorneys General Act action to arbitration.
Arbitration, Employment Law 4DCA/1 Feb. 28, 2025
Serrano v. Public Employees' Retirement System
CalPERS was not required to count police sergeant's term as association president as pensionable compensation when he took a leave of absence to serve that term.
Government, Employment Law 3DCA Feb. 28, 2025
Lui v. DeJoy
Conditions surrounding Postmaster's demotion, plus her replacement with a white man, gave rise to an inference of discrimination.
Employment Law 9th Feb. 27, 2025
On Remand: Ramirez v. Charter Communications, Inc.
Trial court correctly declined to sever unconscionable terms of arbitration agreement with a lack of mutuality in the covered and excluded claims provisions.
Arbitration, Employment Law 2DCA/4 Feb. 26, 2025
Arzate v. ACE American Insurance Company
Where agreement required employees to "submit" employment claims to arbitration, trial court erred in not requiring arbitration after Plaintiff employees resisted arbitration and neither party initiated arbitration.
Arbitration, Employment Law 2DCA/1 Feb. 21, 2025
Sandhu v. Board of Administration of CalPERS
Despite a contract's terms to the contrary, the "right to control" dictated whether an individual was a common law employee in violation of CalPERS.
Employment Law 3DCA Feb. 19, 2025
Vo v. Technology Credit Union
Arbitration agreement was not unconscionable where it sufficiently provided for the possibility of third-party discovery.
Arbitration, Employment Law 6DCA Feb. 6, 2025
Casey v. Superior Court (D.R. Horton Inc.)
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preempts attempts under state law to compel arbitration of sexual harassment cases, and parties cannot contract around the law with a choice-of-law provision.
Arbitration, Employment Law 1DCA/1 Feb. 5, 2025
Nabors Corporate Services, Inc. v. City of Long Beach
Arbitration awards against City of Long Beach for failing to identify project as "public work," fell within Labor Code Section 1781's scope allowing for subcontractor to seek indemnity against City.
Government, Employment Law 2DCA/5 Feb. 4, 2025
Modification: Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages.
Employment Law, Torts 1DCA/3 Jan. 30, 2025
Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages.
Employment Law, Torts 1DCA/3 Jan. 28, 2025
Associated General Contractors v. Dept. of Industrial Relations
California Apprenticeship Council's amendments ensuring that apprentices would not be used as cheap labor were within its rulemaking authority and consistent with governing laws.
Employment Law 3DCA Jan. 24, 2025
Villalva v. Bombardier Mass Transit Corp.
Despite being unsuccessful in their Berman hearings, employees who succeeded with the de novo review of their case in superior court were properly awarded attorney fees.
Employment Law, Civil Procedure 4DCA/1 Jan. 23, 2025
E.M.D. Sales, Inc. v. Carrera
The preponderance-of-the-evidence standard applies for an employer to demonstrate that an employee is exempt from the minimum wage and overtime pay provisions of the Fair Labor Standards Act.
Employment Law USSC Jan. 16, 2025
Markel v. Union of Orthodox Jewish Congregations of America
A mashgiach was considered a "minister" within the Union of Orthodox Jewish Organization of America, and therefore could not bring employment claims against the Organization.
Employment Law, Constitutional Law 9th Dec. 31, 2024
Leeper v. Shipt, Inc.
Since all Private Attorneys General Act claims necessarily contain individual and representative components, the individual component may be compelled to arbitration, staying litigation of the representative component.
Employment Law, Arbitration 2DCA/1 Dec. 31, 2024
Winston v. County of Los Angeles
Trial court erred in denying successful whistleblower retaliation litigant's Labor Code Section 1102.5(j) attorney fees' request when amended provision could be applied retroactively.
Civil Procedure, Employment Law 2DCA/8 Dec. 17, 2024
Chavez v. California Collision
The Labor Code superseded the California Civil Code of Civil Procedure and prohibited cost shifting in a wage claim lawsuit where the employee was the prevailing party.
Employment Law 1DCA/3 Dec. 12, 2024
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