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Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations. 		Employment Law 1DCA/2 Apr. 17, 2023
Modification: Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay. 		Employment Law 4DCA/1 Mar. 24, 2023
Atalla v. Rite Aid Corporation
Employer found not strictly liable under the Fair Employment and Housing Act for lewd text messages sent from supervisor to employee because the exchange was tied to the personal friendship between supervisor and employee. 		Employment Law 5DCA Mar. 16, 2023
Buero v. Amazon.com Services Inc.
Because Oregon law aligns with federal law regarding what activities are compensable, plaintiff was required to allege that mandatory security screenings before or after work shifts were compensable under the Fair Labor Standards Act. 		Employment Law 9th Mar. 13, 2023
Naranjo v. Spectrum Security Services, Inc.
Substantial evidence supported trial court's finding that employer presented good faith defenses at trial for its failure to pay meal premiums and therefore was not "willful" under Labor Code Section 203. 		Employment Law 2DCA/4 Mar. 1, 2023
Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay. 		Employment Law 4DCA/1 Feb. 27, 2023
Helix Energy Solutions Group, Inc. v. Hewitt
Toolpusher on offshore oil rig was not exempt from Fair Labor Standards Act because he was paid based on the number of days worked rather than a predetermined, unchanging "salary." 		Employment Law USSC Feb. 23, 2023
Kappouta v. Valiant Integrated Services
Plaintiff was not entitled to defense contractor whistleblower protections where she failed to demonstrate a reasonable belief that her disclosure was related to a defense contract. 		Employment Law 9th Feb. 21, 2023
Clarkson v. Alaska Airlines Inc.
In a Uniformed Services Employment and Reemployment Rights Act suit, the district court erred by comparing short-term non-military leave to military leave in general, as opposed to just short-term military leave. 		Employment Law 9th Feb. 2, 2023
Adanna Car Wash Corp. v. Gomez
Employer's posting of Labor Code Section 2055 surety bond to operate a car wash did not also qualify as a bond for appeal of a Labor Commissioner decision. 		Employment Law 2DCA/5 Jan. 19, 2023
Lemm v. Ecolab
Employer's overtime compensation payments on employee's bonus satisfied both federal and state employment law because it comported with the incentive compensation plan in the employment contract. 		Employment Law 2DCA/5 Jan. 5, 2023
Parsons v. Estenson Logistics, LLC
Under Code of Civil Procedure Section 12a, Labor Code Section 204(d)'s wage payment time limits may be extended by weekends and holidays so that weekly-paid wages do not have to be paid within seven calendar days. 		Employment Law 3DCA Dec. 29, 2022
Espinoza v. Warehouse Demo Services, Inc.
Employees working at a fixed site not owned or leased by the employer were not subject to outside salesperson exemption where the employer controlled employees' hours and working conditions. 		Employment Law 1DCA/5 Dec. 28, 2022
Whitlach v. Premier Valley, Inc.
As specifically referenced in Labor Code Section 2778(b)(1), Business and Professions Code Section 10032's test for determining real estate agent's employee or independent contractor status applied to wage and hour provisions. 		Employment Law 5DCA Dec. 21, 2022
Ray v. Los Angeles County Dept. of Public Social Services
Under the Fair Labor Standards Act, Los Angeles County is a joint employer of the In-Home Supportive Services program and therefore could be held liable for overtime compensation. 		Employment Law 9th Nov. 7, 2022
GCIU-Employer Retirement Fund v. MNG Enterprises
Under the Multiemployer Pension Plan Amendments Act, employers withdrawing from an ERISA plan are to be imposed a withdrawal liability rate accurately tailored to the plan's expected rate of growth. 		Employment Law 9th Oct. 31, 2022
Camp v. Home Depot U.S.A., Inc.
A quarter-hour time-rounding policy may be unlawful where the timekeeping system records each punch to the minute. 		Employment Law 6DCA Oct. 26, 2022
Cadena v. Customer Connexx LLC
Where waiting for computer to boot up and log in to timekeeping program was necessary to perform call center duties, time spent waiting for the boot up and log in was compensable under the Fair Labor Standards Act. 		Employment Law 9th Oct. 25, 2022
Killgore v. Specpro Professional Services
Under Section 1102.5(b) of the Whistleblower Act, a protected disclosure includes employees' disclosure of potential violations to those with authority over the employee. 		Employment Law 9th Oct. 21, 2022
CSV Hospitality Management, LLC v. Lucas
Because the evidentiary hearing for a workplace restraining order was the only time defendant could present his case, the trial court was required to allow defendant's cross-examination of witnesses. 		Employment Law 1DCA/1 Oct. 19, 2022
Modification: Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits. 		Employment Law 1DCA/4 Oct. 13, 2022
Rodriguez v. Parivar, Inc.
Special verdict was defective because the question posed to the jury--how much plaintiff performed exempt duties--was unduly restrictive and did not resolve every controverted issue. 		Employment Law 1DCA/4 Sep. 28, 2022
Gavriiloglou v. Prime Healthcare Management
Arbitrator's findings regarding an employee's individual claims had no preclusive effect on her representative Private Attorneys General Act claims. 		Employment Law 4DCA/2 Sep. 22, 2022
Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits. 		Employment Law 1DCA/4 Sep. 15, 2022
Modification: Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. 		Employment Law 2DCA/2 Sep. 14, 2022
Rodgers v. State Personnel Board
Due process was violated when the proposed penalty on the notice of adverse action was based on allegations that differed significantly from the administrative law judge's factual findings. 		Employment Law 4DCA/2 Sep. 12, 2022
MacIntyre v. Carroll College
Given the low evidentiary threshold required for a prima facie Title IX retaliation claim, employer's refusal to renew an employment contract was sufficient to meet plaintiff-appellant's burden. 		Employment Law 9th Sep. 9, 2022
Hale v. California Public Employees' Retirement System
Former firefighters' holiday leave cash-outs were special compensation and must be included in calculating their pensions. 		Employment Law 1DCA/3 Aug. 30, 2022
Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. 		Employment Law 2DCA/2 Aug. 29, 2022
Manuel v. Superior Court (Brightview Landscape Services)
Motion to compel further responses to discovery inquiring into former employee's immigration status was improperly granted because immigration status was irrelevant to employer's alleged liability for wrongful termination. 		Employment Law 6DCA Aug. 29, 2022
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