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Duggan v. Department of Defense
Under 'Greenspan' an agency may exercise discipline over the disruptive manner in which an employee communicates protected whistleblower disclosures 		Employment Law 9th Feb. 27, 2018
Johnen v. MSPB
Judgment finding that employee’s complaint did not contribute to employer’s adverse employment actions affirmed where finding is supported by substantial evidence. 		Employment Law 9th Feb. 27, 2018
Hurley v. California Deptartment of Parks and Recreation
Substantial evidence supports Information Practices Act claim where supervisor shared sensitive information pertaining to employee with other, non-supervisory employee. 		Employment Law 4DCA/1 Feb. 22, 2018
Modification: Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification. 		Employment Law 1DCA/1 Feb. 13, 2018
Modification: Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937. 		Employment Law 1DCA/4 Feb. 7, 2018
Bustos v. Global P.E.T.
Court appropriately exercises discretion to deny plaintiff attorney fees even though plaintiff suffered adverse employment decision in which discrimination was a motivating factor 		Employment Law 4DCA/2 Jan. 18, 2018
Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification. 		Employment Law 1DCA/1 Jan. 18, 2018
Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937. 		Employment Law 1DCA/4 Jan. 10, 2018
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
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