Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A165390
|
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 |
|
M. Simons | Jul. 12, 2023 |
22-55119
|
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 |
|
M. Schroeder | Jun. 2, 2023 |
S269456
|
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 |
|
G. Liu | May 23, 2023 |
B313414
|
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 |
|
J. Wiley | May 12, 2023 |
A165081
|
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 |
|
M. Simons | May 11, 2023 |
A161477
|
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 |
|
C. Aken | May 10, 2023 |
A161477
|
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 |
|
C. Aken | Apr. 17, 2023 |
D079528
|
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 |
|
W. Dato | Mar. 24, 2023 |
F082794
|
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 |
|
M. Smith | Mar. 16, 2023 |
20-35633
|
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 |
|
P. Curiam (9th Cir.) | Mar. 13, 2023 |
B256232
|
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 |
|
B. Currey | Mar. 1, 2023 |
D079528
|
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 |
|
W. Dato | Feb. 27, 2023 |
21-984
|
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 |
|
E. Kagan | Feb. 23, 2023 |
21-56310
|
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 |
|
P. Kelly | Feb. 21, 2023 |
21-35473
|
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 |
|
R. Paez | Feb. 2, 2023 |
B313649
|
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 |
|
L. Rubin | Jan. 19, 2023 |
B312232
|
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 |
|
L. Rubin | Jan. 5, 2023 |
C093489
|
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 |
|
L. Earl | Dec. 29, 2022 |
A165820
|
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 |
|
R. Wiseman | Dec. 28, 2022 |
F082322
|
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 |
|
M. Smith | Dec. 21, 2022 |
20-56245
|
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 |
|
P. Curiam (9th Cir.) | Nov. 7, 2022 |
21-55864
|
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 |
|
R. Nelson | Oct. 31, 2022 |
H049033
|
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 |
|
P. Bamattre-Manoukian | Oct. 26, 2022 |
21-16522
|
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 |
|
J. Bybee | Oct. 25, 2022 |
21-15897
|
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 |
|
G. Sanchez | Oct. 21, 2022 |
A163345
|
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 |
|
M. Wiss | Oct. 19, 2022 |
A162563
|
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 |
|
J. Streeter | Oct. 13, 2022 |
A158939
|
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 |
|
J. Streeter | Sep. 28, 2022 |
E076832
|
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 |
|
M. Ramirez | Sep. 22, 2022 |
A162563
|
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 |
|
J. Streeter | Sep. 15, 2022 |