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Stephens v. County of Tulare
Where county employee was not 'dismissed' from his employment, protections of Government Code Section 31725 were not triggered. 		Employment Law Sep. 7, 2006
Pitts v. City of Sacramento
Adverse ruling on employee's first petition for reinstatement to position did not preclude second petition where different rights were involved. 		Employment Law Aug. 30, 2006
Jenkins v. County of Riverside
In disability discrimination case, plaintiff was not entitled, as reasonable accommodation, to regular permanent position because she was only temporary employee. 		Employment Law Aug. 28, 2006
Lyle v. Warner Brothers Television Productions
Writers' assistant on television show 'Friends' did not establish prima facie case of hostile workplace environment sexual harassment. 		Employment Law Aug. 28, 2006
Dark v. Curry County
ADA lawsuit was improperly dismissed where genuine issue of material fact existed as to whether disability was motivating factor for discharge. 		Employment Law Aug. 28, 2006
Smith v. Superior Court (L'Oreal USA Inc.)
Plaintiff hired for one day for flat fee cannot sue employer as 'discharged' employee. 		Employment Law Aug. 15, 2006
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 Jul. 11, 2006
Harman v. City and County of San Francisco
In employment discrimination case, plaintiff provided sufficient evidence to satisfy 'Monell' requirements. 		Employment Law Jul. 10, 2006
Stamps v. Superior Court (Kenny-Shea-Traylor-Frontier-Kemper, JV)
Civil Code's language and history do not convey legislative intent to exclude employment discrimination cases. 		Employment Law Jul. 10, 2006
Gober v. Ralphs Grocery Co.
Ratio of 6 to 1 of punitive to compensatory damages is constitutional maximum that can be awarded in sexual harassment case. 		Employment Law Jul. 10, 2006
Jespersen v. Harrah's Operating Co. Inc.
Casino's workplace appearance policy requiring women to wear makeup and style their hair does not constitute Title VII sex discrimination. 		Employment Law Jul. 6, 2006
Burlington Northern & Santa Fe Railway Co. v. White
Employee who demonstrated employer's actions were materially adverse to reasonable employee was entitled to damages under anti-retaliation provision of Civil Rights Act. 		Employment Law Jun. 28, 2006
Josephs v. Pacific Bell
Discriminatory refusal to reinstate is separately actionable claim. 		Employment Law Jun. 27, 2006
Cornwell v. Electra Central Credit Union
Employee raised triable issue of fact to defeat summary judgment regarding demotion but not regarding subsequent termination. 		Employment Law Jun. 26, 2006
Carter v. California Dept. of Veterans Affairs
Employer is not liable for sexual harassment perpetrated by client or customer under Fair Employment and Housing Act. 		Employment Law Jun. 20, 2006
Carter v. Department of Veterans Affairs
Employer is not liable for sexual harassment perpetrated by client or customer under Fair Employment and Housing Act. 		Employment Law Jun. 20, 2006
Whitman v. Dept. of Transportation
Court lacks jurisdiction to hear complaint of federal aviation employee alleging unlawful drug testing. 		Employment Law Jun. 19, 2006
Stephens v. County of Tulare
Plaintiff who was dismissed from employment due to work-related disability is entitled to back pay upon reinstatement. 		Employment Law Jun. 19, 2006
Empire Healthchoice Assurance Inc. v. McVeigh
Health plan administrator seeking reimbursement from beneficiary who recovered damages in state court tort action may not do so in federal court. 		Employment Law Jun. 16, 2006
U.S. v. Novak
Garnishment of pension plan funds pursuant to Mandatory Victims Restitution Act is not barred by ERISA anti-alienation provision. 		Employment Law Jun. 14, 2006
Mills v. Superior Court (Bed, Bath & Beyond Inc.)
Payment mandated by Labor Code Section 226.7 for employer's failure to provide meal or rest periods is penalty not wage. 		Employment Law Jun. 6, 2006
Overton v. Walt Disney Co.
Employer was not required to compensate employees for travel time where use of parking lot shuttle bus was not mandatory. 		Employment Law May 24, 2006
Lyle v. Warner Brothers Television Productions
'Creative necessity' is not affirmative defense for sexual harassment that allegedly occurred on 'Friends' show. 		Employment Law May 23, 2006
Bandt v. Board of Retirement, San Diego County Employees Retirement Association
Retirement board's interim actuarial valuation of employees' pension fund did not violate interests of its members. 		Employment Law Apr. 24, 2006
Comer v. Micor Inc.
ERISA-plan participant who was nonsignatory of arbitration agreement entered into by plan was not required to arbitrate his claim. 		Employment Law Apr. 10, 2006
Hardage v. CBS Broadcasting Inc.
Actions taken by employer did not amount to constructive discharge of employee who sued for sexual harassment. 		Employment Law Apr. 10, 2006
Kroske v. US 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 Apr. 9, 2006
Markham v. United States
Federal court did not have jurisdiction over party's claim against Dept. of Labor dealing with administrative, not constitutional issue. 		Employment Law Apr. 7, 2006
Raine v. City of Burbank
City had no duty to accomodate disabled employee by making temporary accommodation permanent where to do so would require creating new position. 		Employment Law Apr. 7, 2006
Kelly v. Stamps.com Inc.
Summary judgment in favor of employer was improper when pregnant ex-employee presented triable issues concerning reasons for termination. 		Employment Law Apr. 7, 2006
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