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Name Category Published
Estate of O'Neal v. American Seafoods Company
Parol evidence to demonstrate longer term barred when employment contract contained explicit language defining duration of agreement. 		Employment Law Mar. 3, 2009
Cahoon v. Governing Board of Ventura Unified School District
Nolo contendere plea for controlled substance offense is not 'conviction' under Education Code Section 45123. 		Employment Law Feb. 25, 2009
Ahlmeyer v. Nevada System of Higher Education
Dismissal for futility is appropriate where ADEA is exclusive remedy for alleged age discrimination in workplace. 		Employment Law Feb. 19, 2009
Lakeside-Scott v. Multnomah County
Subordinate supervisor with retaliatory motive is insulated from liability where final decision maker's termination decision was not influenced. 		Employment Law Feb. 13, 2009
Spielbauer v. County of Santa Clara
Termination is proper where public defender refused to answer questions relating to job performance without formal grant of criminal immunity. 		Employment Law Feb. 10, 2009
Boston v. Penny Lane Centers Inc.
California Child Day Care Act does not bar therapist's claim against employer based on retaliation for complaints regarding unsafe work environment. 		Employment Law Jan. 28, 2009
Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
Plan administrator properly paid benefits to ex-wife previously designated beneficiary of deceased. 		Employment Law Jan. 26, 2009
Crawford v. Metropolitan Government of Nashville and Davidson County
Employee has retaliation claim even though she merely addressed discrimination in response to internal investigation. 		Employment Law Jan. 26, 2009
Marin v. Costco Wholesale Corp.
Trial court errs by holding employer's formula for calculating bonus overtime compensation violated California law. 		Employment Law Jan. 22, 2009
Owens v. Automotive Machinists Pension Trust
Under ERISA, plaintiff is entitled to 50 percent interest in pension benefits after dissoultion of quasi-marital realtionship. 		Employment Law Jan. 12, 2009
Sandoval v. Los Angeles County Dept. of Public Social Services
County employee has sufficient notice of termination where he was advised in three letters to return to work. 		Employment Law Jan. 8, 2009
Wilson v. County of Orange
Substantial evidence supports defense verdict in FEHA action brought by police radio dispatcher. 		Employment Law Jan. 8, 2009
Miller v. City of Los Angeles
FEHA complaint is barred by discharged employee's failure to exhaust administrative remedies after evidentiary hearing. 		Employment Law Jan. 8, 2009
Rankin v. Longs Drugs Stores California Inc.
Combat Methamphetamine Epidemic Act abates action seeking award under Labor Code where employer asks about prior drug convictions in employment application. 		Employment Law Jan. 7, 2009
Marin v. Costco Wholesale Corp.
Trial court errs by holding employer's formula for calculating bonus overtime compensation violated California law. 		Employment Law Dec. 26, 2008
DeJung v. Superior Court
Discretionary immunity does not protect superior court from direct public entity liability for age discrimination brought by employee under FEHA. 		Employment Law Dec. 23, 2008
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care. 		Employment Law Dec. 8, 2008
Brewer v. Premier Golf Properties
Punitive damages are unrecoverable when based solely on Labor Code violations by employer. 		Employment Law Dec. 4, 2008
Tucker v. Grossmont Union High School District
Laid-off employee retains right to reemployment over newly hired applicant. 		Employment Law Nov. 21, 2008
McDonald v. Antelope Valley Community College District
Equitable tolling is not barred where FEHA plaintiff voluntarily pursues internal administrative remedy prior to filing complaint. 		Employment Law Oct. 28, 2008
Kettenring v. Los Angeles Unified School District
Adult education teachers are deemed exempt employees ineligible for overtime pay. 		Employment Law Oct. 13, 2008
Golden Gate Restaurant Association v. City and County of San Francisco
ERISA does not preempt local ordinance requiring employers to make health care expenditures for employees. 		Employment Law Oct. 1, 2008
Simon v. Hartford Life Inc.
Pro se plaintiff may not pursue claims in representative capacity on behalf of ERISA plan. 		Employment Law Oct. 1, 2008
Vaught v. Scottsdale Healthcare Corp. Health Plan
In ERISA case, claimant seeking relief from denial of benefits is not precluded from raising new theory to district court. 		Employment Law Sep. 30, 2008
Poore v. Simpson Paper Company
Early retirees lack standing under ERISA where collective bargaining agreements reserved right to alter benefits for employer. 		Employment Law Sep. 23, 2008
Burke v. Pitney Bowes Inc. Long-Term Disability Plan
Structural conflict of interest can be demonstrated where disability plan administrator also funded plan. 		Employment Law Sep. 22, 2008
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 Sep. 22, 2008
Pannebecker v. Liberty Life Assurance Company of Boston
Disability benefits must be reinstated where administrator's initial denial is based on improper application of plan's terms. 		Employment Law Sep. 19, 2008
Wicker v. State of Oregon
1978 consent decree banning sex discrimination in calculation of refund annuity benefits did not permanently lock rates on date of decree. 		Employment Law Sep. 18, 2008
Varisco v. Gateway Science and Engineering Inc.
Clause in parties' letter agreement allowing either party to terminate at will did not transform independent contractor into employee. 		Employment Law Sep. 16, 2008
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