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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
Moniz v. Adecco USA
A settlement approved under the "fair, adequate, and reasonable" standard was appropriate in evaluating the fairness of a Private Attorneys General Act settlement. 		Employment Law 1DCA/4 Dec. 2, 2021
Santos v. El Guapos Tacos, LLC
PAGA notice need only alert the Labor and Workforce Development Agency and employer of ongoing Labor Code violations and need not specifically indicate "other aggrieved employees." 		Employment Law 6DCA Dec. 2, 2021
Gunther v. Alaska Airlines, Inc.
The heightened penalty provisions under the Private Attorneys General Act did not apply because it was undisputed that an airliner provided wage statements to its flight attendants. 		Employment Law 4DCA/1 Dec. 2, 2021
Zamora v. Security Industry Specialists
Summary adjudication was improper because a jury could infer disability discrimination from lower-ranked, but able-bodied employees being demoted rather than terminated. 		Employment Law 6DCA Nov. 2, 2021
Bacoka v. Best Buy Stores, L.P.
Carriers were not employees of Best Buy because Best Buy did not have control over their work, nor any way to terminate them. 		Employment Law 2DCA/8 Nov. 1, 2021
Uribe v. Crown Building Maintenance Co.
The trial court erred in approving a settlement that included Private Attorneys General Act claims that plaintiff had not filed notice of. 		Employment Law 4DCA/3 Oct. 27, 2021
Patterson v. Superior Court (Charter Communications)
In a Fair Employment and House Act claim, an arbitration agreement cannot award attorney fees to a defendant without a showing that the claim was frivolous. 		Employment Law 2DCA/7 Oct. 20, 2021
Morales v. Factor Surfaces LLC
A trial court did not err by allowing commission payments to be included when calculating an employee's hourly rate of pay because the employer failed to produce evidence to the contrary. 		Employment Law 2DCA/4 Oct. 19, 2021
Carrasco v. State Personnel Board (Dept. of Corrections and Rehabilitation)
A probationary government employee may be rejected for a single substantiated reason. 		Employment Law 4DCA/2 Oct. 11, 2021
Turrieta v. Lyft, Inc.
Because the state is the real party in interest in Private Attorneys General Act claims, named plaintiffs do not have standing to object to related PAGA settlements. 		Employment Law 2DCA/4 Oct. 4, 2021
Becerra v. The McClatchy Co.
Trial courts should not use Employment Development Department regulations to analyze whether newspaper carriers are employers or independent contractors. 		Employment Law 5DCA Oct. 4, 2021
Amaro v. Anaheim Arena Management
A class-action settlement was overbroad because it went beyond the factual allegations in the complaint and covered all claims relating to the legal theories of the complaint. 		Employment Law 4DCA/3 Sep. 30, 2021
Dept. of Fair Employment and Housing v. M&N Financing Corporation
Employees who were coerced by their employer to engage in discriminatory conduct were aggrieved parties under the Fair Employment and Housing Act. 		Employment Law 2DCA/5 Sep. 29, 2021
Guzman v. NBA Automotive, Inc.
Employee's Department of Fair Employment and Housing complaint was valid, even though it incorrectly identified employer's legal name, because other complaint information could easily identify employer. 		Employment Law 2DCA/7 Sep. 20, 2021
Medina v. Equilon Enterprises, LLC
An entity can be a joint employer if enough control is exercised over an intermediary entity to indirectly dictate the wages, hours, or working conditions of the employee. 		Employment Law 4DCA/3 Sep. 14, 2021
Warmenhoven v. NetApp, Inc.
Promises made in Powerpoint presentations did not create an ERISA plan and violation of plan administrator's duties under Section 1104(a)(1) does not require a showing of intentional deceit. 		Employment Law 9th Sep. 14, 2021
Wesson v. Staples the Office Superstore, LLC
Trial courts have inherent authority to ensure that PAGA claims will be manageable at trial and may strike unmanageable claims. 		Employment Law 2DCA/4 Sep. 13, 2021
Skidgel v. California Unemployment Insurance Appeals Board
In-Home Supportive Services caregivers who provide services to family members are not eligible for unemployment insurance benefits. 		Employment Law CASC Aug. 20, 2021
Hollingsworth v. Heavy Transport, Inc.
Jurisdictional questions regarding workers' compensation coverage are properly decided by court, not jury. 		Employment Law 2DCA/4 Jul. 29, 2021
Pollock v. Tri-Modal Distribution Services, Inc.
Actionable quid pro quo sexual harassment occurs when employees have actual or constructive knowledge of employer's decision to not promote due to harassment. 		Employment Law CASC Jul. 27, 2021
Ferra v. Loews Hollywood Hotel, LLC
Like regular rate of pay, regular rate of compensation includes all nondiscretionary payments, not just hourly wages. 		Employment Law CASC Jul. 16, 2021
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