Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B209863
|
Martorana v. Marlin & Saltzman
Duty owed by class counsel does not require follow-up contact of class member who fails to file timely claim. |
Employment Law |
|
Jul. 20, 2009 | |
08-55409
|
Trustees of the Screen Actors Guild-Producers Pension and Health Plans v. NYCA Inc.
Employment benefit plan cannot recover unpaid contribution from employer who was not party to collective bargaining agreement. |
Employment Law |
|
Jul. 17, 2009 | |
D053391
|
Messenger Courier Association of the Americas v. California Unemployment Insurance Appeals Board
California Unemployment Insurance Appeals Board’s decision as to whether employer properly treated workers as independent contractors is entitled to precedential effect. |
Employment Law |
|
Jul. 17, 2009 | |
08-55389
|
Harris v. Amgen Inc.
Former employee who voluntarily withdraws assets from defined contribution plan governed by ERISA has standing to sue. |
Employment Law |
|
Jul. 15, 2009 | |
07-16489
|
Sznewajs v. U.S. Bancorp Amended and Restated Supplemental Benefits Plan
Abuse of discretion standard applies to pension plan administrator's decision to treat second wife as survivor beneficiary. |
Employment Law |
|
Jul. 14, 2009 | |
S157197
|
Hughes v. Pair
Plaintiff alleging sexual harassment in relationship outside workplace must prove that conduct altered employment conditions or amounted to threat of assault. |
Employment Law |
|
Jul. 7, 2009 | |
D053491
|
Chau v. Starbucks Corp.
Starbucks Corporation shift supervisors working on service team with baristas are entitled to portion of collective tip. |
Employment Law |
|
Jul. 7, 2009 | |
G040823
|
Choi v. Orange County Great Park Corp.
Plaintiffs are 'prevailing parties' entitled to attorney fees where property development committee was compelled to produce CEO candidate resumes. |
Employment Law |
|
Jul. 2, 2009 | |
B209863
|
Martorana v. Marlin & Saltzman
Duty owed by class counsel does not require follow-up contact of class member who fails to file timely claim. |
Employment Law |
|
Jul. 2, 2009 | |
C058539
|
Scott v. Phoenix Schools, Inc.
Punitive damages award arising from wrongful termination claim not supported by sufficient evidence of malice or oppression. |
Employment Law |
|
Jul. 2, 2009 | |
E047501
|
Sanders Construction Co. Inc. v. Cerda
General contractor is responsible for unlicensed subcontractor's employees' unpaid wages. |
Employment Law |
|
Jul. 1, 2009 | |
B207719
|
Owen v. Macy's Inc.
Employer lawfully imposes six-month hold on accrual of vacation benefits for new employees and denies compensation for unearned vacation time. |
Employment Law |
|
Jul. 1, 2009 | |
S155965
|
Arias v. Superior Court (Angelo Dairy)
Employee's representative claims alleging violations of unfair competition law are subject to class action requirements. |
Employment Law |
|
Jun. 30, 2009 | |
B205533
|
McConnell v. Innovative Artists Talent and Literary Agency Inc.
Anti-SLAPP motion is improper where writing was not protected First Amendment activity and causes of action arose from defendant's conduct. |
Employment Law |
|
Jun. 26, 2009 | |
08-441
|
Gross v. FBL Financial Services Inc.
'Mixed-motives' instruction never proper in age discrimination suit as claimant must prove that age was 'but-for' cause of adverse employment decision. |
Employment Law |
|
Jun. 19, 2009 | |
B208682
|
Paterson v. City of Los Angeles
Supervisor's 'sick check' of police officer deemed interrogation subject to Public Safety Officers' Bill of Rights Act protection. |
Employment Law |
|
Jun. 17, 2009 | |
08-55535
|
Smith v. T-Mobile USA Inc.
Appeal dismissed as moot after settlement of Fair Labor Standards Act claims for class action where no plaintiffs opted in. |
Employment Law |
|
Jun. 16, 2009 | |
B208046
|
Melkonians v. Los Angeles County Civil Service Commission
Tape-recorded call made by victim after attack seeking information about restraining order properly admitted as 'excited utterance.' |
Employment Law |
|
Jun. 12, 2009 | |
B207183
|
Bode v. Los Angeles Metropolitan Medical Center
Medical review board errs by designating doctor as 'initial applicant' bearing burden of proof regarding renewal of medical staff privileges. |
Employment Law |
|
Jun. 12, 2009 | |
07-56004
|
San Diego Police Officers' Association v. San Diego City Employees' Retirement System
Reduction in 'pick-up' contributions to employee retirement plans does not violate employees' vested contractual rights. |
Employment Law |
|
Jun. 11, 2009 | |
08-35111
|
Harger v. Department of Labor
Sovereign immunity not waived under APA Section 702 where attorney sought equitable lien for attorney fees. |
Employment Law |
|
Jun. 11, 2009 | |
B199497
|
Nein v. HostPro Inc.
While failure to procure broker's license does not bar recovery, employment agreement precluded collection of commissions after termination. |
Employment Law |
|
Jun. 5, 2009 | |
F056201
|
Johnson v. Arvin-Edison Water Storage District
California Labor Code provisions regarding overtime compensation and meal breaks do not apply public agency employer. |
Employment Law |
|
Jun. 5, 2009 | |
05-17100
|
Vaughn v. Bay Environmental Management Inc.
Former employee who received full distribution of account balance under defined contribution plan has standing to file suit as participant under ERISA. |
Employment Law |
|
Jun. 4, 2009 | |
D053491
|
Chau v. Starbucks Corp.
Starbucks Corporation shift supervisors working on service team with baristas are entitled to portion of collective tip. |
Employment Law |
|
Jun. 3, 2009 | |
08-1034
|
CSX Transportation Inc. v. Hensley
Court errs by failing to instruct jury that plaintiff's 'fear of cancer' must be 'genuine and serious.' |
Employment Law |
|
Jun. 1, 2009 | |
B204902
|
Sonic-Calabasas A, Inc. v. Moreno
Arbitration agreement's 'Berman waiver' precluding administrative wage claim seeking vacation pay enforceable as loss of statutory protections impossible to predict. |
Employment Law |
|
May 31, 2009 | |
07-15774
|
Knappenberger v. City of Phoenix
Constructive discharge claim fails where employee chose to retire prior to anticipated termination due to allegations of sexual harassment. |
Employment Law |
|
May 26, 2009 | |
07-35557
|
Browning v. United States of America
District court's refusal to give proposed pretexual instruction is not reversible error where instructions set forth essential elements of claim. |
Employment Law |
|
May 25, 2009 | |
05-36060
|
Poore v. Simpson Paper Co.
Summary judgment reversed where facts existed to claim that medical coverage survived expiration of collective bargaining agreement. |
Employment Law |
|
May 21, 2009 |