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Simers v. Los Angeles Times Communications, LLC
Imposing standard disciplinary actions on an employee does not constitute constructive discharge unless said actions involve continuous patterns of mistreatment or unusually aggravated working conditions. 		Employment Law 2DCA/8 Jan. 9, 2018
Modification: Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. 		Employment Law 4DCA/1 Dec. 26, 2017
Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. 		Employment Law 4DCA/1 Dec. 21, 2017
Skillin v. Rady Children's Hospital-San Diego
ERISA preempts former employee's claims under Labor Code against employer for changing way it deducts employee contribution for pension benefits. 		Employment Law 4DCA/1 Dec. 7, 2017
Jameson v. Pacific Gas and Electric Co.
PG&E defeats fired employee's wrongful termination complaint where, even if employee was not at-will, good cause existed to terminate him due to retaliatory conduct. 		Employment Law 1DCA/3 Nov. 3, 2017
Micha v. Sun Life Assurance of Canada Inc.
In analyzing request for appellate attorney fees in ERISA case, court must consider entire course of litigation, not just prior appeal. 		Employment Law 9th Nov. 1, 2017
M.F. v. Pacific Pearl Hotel Management LLC
Demurrer improperly sustained in employer's favor in case brought by housekeeping employee alleging violation of the FEHA stemming from rape by trespassing drunk man. 		Employment Law 4DCA/1 Oct. 27, 2017
Morales-Simental v. Genentech
Summary judgment affirmed where plaintiff fails to present evidence showing that employer is liable for its employee's conduct under special errand rule. 		Employment Law 1DCA/4 Oct. 23, 2017
Linton v. DeSoto Cab Company
Judgment in wage claims proceeding finding that worker is independent contractor reversed where court fails to apply 'seminal case' regarding employment relationships in California. 		Employment Law 1DCA/1 Oct. 9, 2017
Alamillo v. BNSF Railway Co.
Locomotive engineer’s disability discrimination claim falters absent any evidence that his alleged disability, as opposed to his absenteeism, factored in his dismissal. 		Employment Law 9th Aug. 28, 2017
Light v. California Dept. of Parks and Recreation
Employee may maintain emotional distress and retaliation claims against state department despite workers’ compensation scheme’s exclusivity provisions. 		Employment Law 4DCA/1 Aug. 10, 2017
Hill v. Xerox Business Services
Order 		Employment Law 9th Aug. 8, 2017
Minnick v. Automotive Creations Inc.
Demurrer properly sustained in favor of former employer in suit challenging vacation policy providing waiting period before workers can earn vacation pay. 		Employment Law California Courts of Appeal Jul. 31, 2017
Baker v. Workers Compensation Appeals Board
Subsequent Injuries Benefits Trust Fund benefits commence at time employer’s obligation to pay permanent disability benefits commences. 		Employment Law California Courts of Appeal Jul. 31, 2017
Kizer v. Tristar Risk Management
Class certification properly denied in wage and hour class action, where plaintiffs fail to prove their claims are typical of the class. 		Employment Law California Courts of Appeal Jul. 27, 2017
Jacobs v. The Regents of the University of California
Peace officers with University of California Police Department receiving Duty Disability Income are not retired for purposes of entitlement to retired identification card and concealed weapons endorsement. 		Employment Law California Courts of Appeal Jun. 29, 2017
DiCarlo v. County of Monterey
County and Sheriffs Association's longevity performance stipend does not constitute 'special compensation' that must be reported to CalPERS or used to calculate retirement benefits. 		Employment Law Jun. 6, 2017
Advocate Health Care Network v. Stapleton
Church need not have originally established employee benefit plan in order to be exempt from ERISA's mandates under church-plan exemption. 		Employment Law Jun. 5, 2017
Rizo v. Yovino
Contrary decision regarding wage disparity claim under Equal Pay Act vacated where prior salary alone may constitute affirmative defense as 'other factor other than sex.' 		Employment Law Apr. 28, 2017
Featherstone v. Southern California Permanente Medical Group
Company's failure to rescind resignation is not adverse employment action under Fair Employment and Housing Act, as employer no longer has employment relationship with former employee. 		Employment Law Apr. 20, 2017
Santillan v. USA Waste of California Inc.
Summary judgment improperly granted in favor of employer for firing of elderly garbage truck driver where employee established prima facie case of age discrimination. 		Employment Law Apr. 10, 2017
Farrar v. Direct Commerce Inc.
Substantively unconscionable carve-out in arbitration provision can be severed, resulting in grant of employer's motion to compel arbitration with former employee. 		Employment Law Mar. 24, 2017
O'Neal v. Stanislaus County Employees' Retirement Association
Retirement board's transfer of funds to lower employee contribution costs gives rise to fiduciary breach claims warranting reversal of summary judgment granted in its favor. 		Employment Law Feb. 27, 2017
Mayes v. WinCo Holdings Inc.
Worker's gender discrimination claim revived where proffered evidence of supervisor's animus constituted direct and indirect evidence of pretext sufficient to overcome summary judgment. 		Employment Law Feb. 6, 2017
Bareno v. San Diego Community College District
Summary judgment in favor of employer reversed, where material issues remain in dispute with respect to whether employee was retaliated against for taking medical leave. 		Employment Law Jan. 16, 2017
Silva v. See’s Candy Shops Inc.
In wage and hour lawsuit, error in granting summary judgment in employer's favor with respect to individual claims results in partial reversal in employee's favor. 		Employment Law Jan. 8, 2017
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks. 		Employment Law Dec. 26, 2016
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks. 		Employment Law Nov. 30, 2016
Lubin v. The Wackenhut Corp.
Incorrect application of 'Wal-Mart Stores, Inc. v. Dukes' to decertify wage and hour class action results in reversal of decertification. 		Employment Law Nov. 22, 2016
Dinslage v. City and County of San Francisco
Opposition to departmental changes and general advocacy for the disabled not protected activities under California Fair Employment and Housing Act. 		Employment Law Nov. 10, 2016
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