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Thai v. International Business Machines Corp.
Employer was statutorily obligated to reimburse work-from-home expenses incurred by its employees as a direct result of their job duties even though the employer did not directly cause the expenses.
Employment Law 1DCA/5 Jul. 12, 2023
Morales-Garcia v. Better Produce Inc.
Strawberry marketers not liable for farmworkers' wages as a client employer where they had no control over the farms nor was the harvesting part of the marketers' customary work.
Employment Law 9th Jun. 2, 2023
People ex rel. Garcia-Brower v. Kolla's, Inc.
Under Labor Code Section 1102.5(b), protected disclosures include complaints or reports of violations already known to employers or entities.
Employment Law CASC May 23, 2023
Quinn v. LPL Financial LLC
Statutory exemption from the ABC test for financial representatives for securities dealers had a rational basis because professionals were less likely to be exploited by misclassification.
Employment Law 2DCA/8 May 12, 2023
Young v. RemX Specialty Staffing
Employee's firing from her temporary assignment at a bank did not constitute a "discharge" under the Labor Code because her employment relationship with the staffing agency had not ended.
Employment Law 1DCA/5 May 11, 2023
Modification: 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 May 10, 2023
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