Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-16449
|
Syverson v. International Business Machines Corp.
Where corporation reduced its workforce, general release and covenant not to sue agreement is unenforceable. |
Employment Law |
|
Jan. 5, 2007 | |
C050591
|
Patricia Adkins Insurance Agency Inc. v. State Farm Mutual Automobile Insurance Co.
Insurance provider may not impose trade secret and non-competition provisions on employees of its independent contractor agents. |
Employment Law |
|
Jan. 5, 2007 | |
04-17440
|
Walsh v. Nevada Dept. of Human Resources
In action brought under Title I of ADA, individual defendants cannot be held personally liable for violations of ADA. |
Employment Law |
|
Dec. 22, 2006 | |
04-17295
|
Bates v. United Parcel Service
In class action where district court found employment discrimination under ADA, this does not automatically lead to finding Unruh Act violation. |
Employment Law |
|
Dec. 7, 2006 | |
04-15328
|
Glanton v. AdvancePCS Inc.
ERISA plan participants who have not suffered any cognizable injury lack standing to sue plan fiduciaries for breach of duty. |
Employment Law |
|
Dec. 7, 2006 | |
04-55582
|
Miller v. Xerox Corp. Retirement Income Guarantee Plan
Xerox Corporation's method of accounting for prior distributions in calculating employees' final retirement benefits violates ERISA. |
Employment Law |
|
Dec. 5, 2006 | |
S127921
|
Carter v. California Dept. of Veterans Affairs
Amendment to Fair Employment and Housing Act making employers liable when their employees are harassed by nonemployees applied retroactively to present action. |
Employment Law |
|
Nov. 28, 2006 | |
G036095
|
Wasti v. Superior Court (Ezratty)
In employment discrimination case, petitioner timely served her civil complaint where she did not file administrative complaint for investigation. |
Employment Law |
|
Nov. 26, 2006 | |
A098073
|
McRae v. Dept. of Corrections
African-American physician failed to establish employment bias or retaliation by state prison. |
Employment Law |
|
Nov. 16, 2006 | |
C051263
|
Welcher v. WCAB
Repeal of Labor Code Section 4750 and enactment of Section 4663 and 4664 did not affect apportionment method of permanent disability benefits. |
Employment Law |
|
Nov. 16, 2006 | |
A109826
|
Neisendorf v. Levi Strauss & Co.
Plaintiff cannot proceed with California Family Rights Act claim where there was legitimate and nondiscriminatory reason for her termination. |
Employment Law |
|
Nov. 8, 2006 | |
04-55472
|
Bassiri v. Xerox Corp.
ERISA's payroll practice exception encompasses payments by employer to disabled employee of 'normal compensation,' which may be less than employee's normal salary. |
Employment Law |
|
Nov. 8, 2006 | |
03-16702
|
Freitag v. Ayers
Dept. of Corrections is liable for prison officials' failure to correct hostile work environment caused by male prisoners' harassment of female guards. |
Employment Law |
|
Nov. 8, 2006 | |
A098073
|
McRae v. Dept. of Corrections and Rehabilitation
Evidence does not support jury's determination that doctor was subjected to retaliation by her employer. |
Employment Law |
|
Nov. 6, 2006 | |
04-16449
|
Syverson v. International Business Machines Corp.
Where corporation reduced its workforce, general release and covenant not to sue agreement is unenforceable. |
Employment Law |
|
Nov. 6, 2006 | |
H028762
|
JKH Enterprises Inc. v. Dept. of Industrial Relations
Drivers for courier service were properly classified as employees, not independent contractors, thus they were entitled to workers' compensation insurance. |
Employment Law |
|
Nov. 2, 2006 | |
A108972
|
Koehl v. Verio Inc.
Where commissions paid to sales associates had not yet been 'earned,' employer chargebacks of such commissions did not violate Labor Code. |
Employment Law |
|
Nov. 1, 2006 | |
03-56552
|
Wallace v. City of San Diego
Substantial evidence supports jury's finding that employer took retaliatory actions against plaintiff in violation of Uniformed Services Employment and Reemployment Rights Act. |
Employment Law |
|
Oct. 26, 2006 | |
B171593
|
Hope v. California Youth Authority
California Youth Authority was found liable for sexual orientation harassment of its employee. |
Employment Law |
|
Oct. 25, 2006 | |
03-56412
|
Josephs v. Pacific Bell
Discriminatory refusal to reinstate is separately actionable claim. |
Employment Law |
|
Oct. 24, 2006 | |
04-35187
|
Kroske v. U.S. Bank Corp.
Congress did not intend for plaintiff's claim of age discrimination under Washington Law Against Discrimination to be pre-empted by National Bank Act. |
Employment Law |
|
Oct. 24, 2006 | |
S124494
|
Dore v. Arnold Worldwide Inc.
Advertising agency prevails in breach of contract action brought by former employee where at-will employment contract was not ambiguous. |
Employment Law |
|
Oct. 23, 2006 | |
B185823
|
Baize v. Eastridge Companies
In wrongful termination action, arbitrator's award is not reviewable for claimed errors of law. |
Employment Law |
|
Oct. 22, 2006 | |
04-16705
|
Bass v. The County of Butte
California's Unruh Act and Disabled Persons Act do not incorporate Title I of ADA and cannot be used to enforce ADA's employment protections. |
Employment Law |
|
Oct. 19, 2006 | |
04-36094
|
Chuck v. Hewlett Packard Co.
Although plan did not meet notification and review requirements of ERISA, plaintiff's claim for benefits is still time-barred. |
Employment Law |
|
Oct. 18, 2006 | |
04-55747
|
Silver v. Executive Car Leasing Long-Term Disability Plan
Employee with serious heart condition demonstrated that he was continuously disabled and entitled to disability benefits. |
Employment Law |
|
Oct. 17, 2006 | |
B184623
|
Singleton v. U.S. Gypsum Co.
Employer's summary judgment motion was improperly granted where determination of sexual harassment depends on resolution of material issues of fact. |
Employment Law |
|
Oct. 16, 2006 | |
S129476
|
Smith v. Superior Court (L'Oreal USA Inc.)
Employer effectuates 'discharge' within meaning of Labor Code when it fires employee or when it releases employee upon completion of job assignment. |
Employment Law |
|
Oct. 16, 2006 | |
A110611
|
Williams v. Genentech Inc.
Causes of action are not barred under exhaustion of administrative remedies doctrine, but plaintiff still failed to establish disability-related claims. |
Employment Law |
|
Sep. 27, 2006 | |
B178676
|
Gelfo v. Lockheed Martin Corp.
Under FEHA, employers have duty to provide reasonable accommodations to employees 'regarded as' disabled, even if not actually disabled. |
Employment Law |
|
Sep. 11, 2006 |