Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
07-35712
|
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 | |
B207649
|
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 | |
06-15654
|
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 | |
05-35896
|
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 | |
S150402
|
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 | |
B204628
|
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 | |
07-636
|
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 | |
06-1595
|
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 | |
A116847
|
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 | |
07-35253
|
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 | |
B200213
|
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 | |
G039733
|
Wilson v. County of Orange
Substantial evidence supports defense verdict in FEHA action brought by police radio dispatcher. |
Employment Law |
|
Jan. 8, 2009 | |
B204869
|
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 | |
D052124
|
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 | |
A116847
|
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 | |
A116911
|
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 | |
A120050
|
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care. |
Employment Law |
|
Dec. 8, 2008 | |
D050686
|
Brewer v. Premier Golf Properties
Punitive damages are unrecoverable when based solely on Labor Code violations by employer. |
Employment Law |
|
Dec. 4, 2008 | |
D050266
|
Tucker v. Grossmont Union High School District
Laid-off employee retains right to reemployment over newly hired applicant. |
Employment Law |
|
Nov. 21, 2008 | |
S153964
|
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 | |
B197513
|
Kettenring v. Los Angeles Unified School District
Adult education teachers are deemed exempt employees ineligible for overtime pay. |
Employment Law |
|
Oct. 13, 2008 | |
07-17370
|
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 | |
06-56368
|
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 | |
06-15507
|
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 | |
05-36060
|
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 | |
06-15341
|
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 | |
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 |
|
Sep. 22, 2008 | |
06-16654
|
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 | |
07-35429
|
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 | |
B200339
|
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 |