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Howitson v. Evans Hotels
Plaintiff's PAGA lawsuit alleging the same Labor Code violations as prior class action was not barred by claim preclusion because PAGA causes of action and parties are different from individual or class actions. 		Employment Law 4DCA/1 Jul. 25, 2022
Modification: Seviour-Iloff v. LaPaille
Under Labor Code Section 558.1, individual liability can be imposed on CEO for company's wage violations. 		Employment Law 1DCA/1 Jul. 25, 2022
Meda v. Autozone
Where employers have not expressly advised their employees that seats may be used during work nor provided seats at workstations, whether employers have been "provided" suitable seating requires fact-specific analysis. 		Employment Law 2DCA/3 Jul. 20, 2022
Modification: Meza v. Pacific Bell Telephone Co.
Pacific Bell's overtime wage statements which left the "rate" and "hour" columns blank on the wage statements because of its incentive program did not violate Labor Code requirements. 		Employment Law 2DCA/3 Jul. 13, 2022
Hargrove v. Legacy Healthcare, Inc.
Plaintiff could not be substituted as the representative Private Attorneys General Act plaintiff after the original plaintiff died since she did not satisfy the legislative prerequisites for filing until after the initial claim was filed. 		Employment Law 4DCA/2 Jul. 5, 2022
Hamilton v. Wal-Mart Stores
To assert Private Attorneys General Act causes of action, employee plaintiffs need not comply with the Federal Rules of Civil Procedure Rule 23 requirements, including manageability. 		Employment Law 9th Jul. 1, 2022
Seviour-Iloff v. LaPaille
Under Labor Code Section 558.1, individual liability can be imposed on CEO for company's wage violations. 		Employment Law 1DCA/1 Jun. 29, 2022
County of Sonoma v. Public Employment Relations Bd.
Public Employment Relations Board's failure to consider whether bargaining was required prior to placing measure on ballot that amended law enforcement authority was clear error. 		Employment Law 1DCA/3 Jun. 27, 2022
Garcia v. Superior Court
Federal regulations prohibiting California from enforcing its meal and rest break requirements for drivers had no retroactive preemptory effect and should be applied prospectively. 		Employment Law 2DCA/5 Jun. 22, 2022
Meza v. Pacific Bell Telephone Co.
Pacific Bell's overtime wage statements which left the "rate" and "hour" columns blank on the wage statements because of its incentive program did not violate Labor Code requirements. 		Employment Law 2DCA/3 Jun. 20, 2022
Johnson v. WinCo Foods LLC
A job applicant's pre-employment drug test does not render him an employee or require reimbursement for his travel and time spent on the drug test 		Employment Law 9th Jun. 13, 2022
Belaustegui v. International Longshore and Warehouse Union
Under the Uniformed Services Employment and Reemployment Rights Act, a reemployed longshoreman was entitled to hour-based seniority credit for the time he was enlisted in the U.S. Air Force. 		Employment Law 9th Jun. 7, 2022
Vatalaro v. County of Sacramento
Employers seeking to dismiss a Labor Code Section 1102.5 retaliation claim must show clear and convincing evidence of a legitimate, independent reason for taking the employment action under Section 1102.6. 		Employment Law 3DCA Jun. 2, 2022
Hebert v. Barnes & Noble, Inc.
Employer was liable for Fair Credit Reporting Act violations for delegating FRCA-compliance task to a non-attorney employee and failing to proactively monitor the published consumer report disclosure form. 		Employment Law 4DCA/1 May 13, 2022
Shaw v. Superior Court (Beverages & More, Inc.)
Courts may apply doctrine of exclusive concurrent jurisdiction to stay a PAGA case until conclusion of another PAGA case involving the same defendant and similar claims and legal theories. 		Employment Law 1DCA/4 May 5, 2022
Hill v. Walmart
Walmart did not have to pay penalties under California Labor Code Section 203 to model it hired through agency as it had reasonable grounds to believe she was an independent contractor. 		Employment Law 9th Apr. 27, 2022
Mejia v. Roussos Construction, Inc.
In a misclassification case, the trial court improperly required plaintiff employees to prove that defendant was a hiring entity before placing the burden of the ABC test on defendant. 		Employment Law 3DCA Mar. 29, 2022
Estrada v. Royalty Carpet Mills, Inc.
Private Attorney General Act (PAGA) claims cannot be dismissed based on manageability as that requirement is rooted in class actions, not PAGA principles. 		Employment Law 4DCA/3 Mar. 25, 2022
Colonial Van & Storage, Inc. v. Superior Court (Dominguez)
Employers do not have a duty to ensure that coworkers and business associates are safe from a third party's criminal conduct when they are visiting the private residence of an employee who works from home. 		Employment Law 2DCA/2 Mar. 21, 2022
DePuy Synthes Sales v. Howmedica Osteonics
California law granting employees the option to void a forum-selection clause governed because it was not within the scope of nor contrary to federal transfer motion law. 		Employment Law 9th Mar. 15, 2022
Perez v. City and County of San Francisco
Summary judgment was improperly granted when a jury could infer that a police officer, whose firearm was stolen and used to kill, was acting within the scope of his employment when he left his gun in his car after work. 		Employment Law 1DCA/5 Mar. 3, 2022
White v. Smule, Inc.
With a Labor Code Section 970 claim, evidence of an at-will employment agreement may negate justifiable reliance as to the length of employment but not the kind or character of work. 		Employment Law 1DCA/4 Feb. 23, 2022
LaFace v. Ralphs Grocery Co.
Plaintiff was not entitled to a jury trial under her Private Attorneys General Act action. 		Employment Law 2DCA/4 Feb. 22, 2022
Joseph v. City of Atwater
Police chief's employment contract created a hybrid employment relationship where he could be demoted to lieutenant without cause but could only be terminated with cause. 		Employment Law 5DCA Feb. 11, 2022
Hutcheson v. Superior Court (UBS Financial Services)
The relation-back doctrine can apply when substituting named plaintiffs in a Private Attorneys General Act action. 		Employment Law 1DCA/2 Feb. 9, 2022
Western States Office Fund v. Welfare & Pension Administration Service
Under ERISA, in calculating the "highest contribution rate" for purposes of determining the employer's annual withdrawal payment, the surcharge paid by an employer when a plan is in critical status is not to be included. 		Employment Law 9th Feb. 1, 2022
Lawson v. PPG Architectural Finishes, Inc.
In a whistleblower retaliation case, plaintiff may prevail as long as retaliation was a contributing factor, even if it is not the sole reason for the adverse employment action. 		Employment Law CASC Jan. 28, 2022
Vines v. O'Reilly Auto Enterprises, LLC
Attorney's fees to be awarded in unsuccessful discrimination and harassment claim because those claims were factually intertwined with plaintiff's successful FEHA retaliation claim. 		Employment Law 2DCA/7 Jan. 24, 2022
Espinoza v. Hepta Run, Inc.
California's meal and rest break rules governing the transportation industry are expressly preempted by federal regulations governing truck drivers. 		Employment Law 2DCA/7 Jan. 21, 2022
Armstrong v. Reynolds
An "at-will" employee who was terminated for whistleblowing had a property interest in continued employment. 		Employment Law 9th Jan. 14, 2022
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