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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
Certified Tire & Service Centers Wage & Hour Cases
Where employer pays according to its contract and at least statutory minimum wage, its legal obligation is fulfilled even if pay increases fluctuate based on productivity. 		Employment Law 4DCA/1 Jul. 7, 2021
Levanoff v. Dragas
Employer did not violate California law by using rate-in-effect method for calculating regular rate of pay for purposes of establishing overtime rate of pay for dual rate employees. 		Employment Law 4DCA/3 Jun. 30, 2021
General Atomics v. Superior Court (Green)
Defendant's petition for writ of mandate was granted because its wage statements showed the applicable hourly rates and the total number of hours worked at each. 		Employment Law 4DCA/1 Jun. 2, 2021
Bruni v. The Edward Thomas Hospitality Corporation
Earlier period of employment that ended in voluntary resignation could not be aggregated with later period of employment that ended in layoff to meet six-month minimum period of employment under City's Ordinance. 		Employment Law 2DCA/3 May 19, 2021
Salazar v. See's Candy Shops
Individual issues would predominate in determining whether employer consistently applied practice of denying second meal breaks. 		Employment Law 2DCA/2 May 12, 2021
Rosales v. Uber Technologies, Inc.
A plaintiff cannot be compelled to arbitrate disputes in a PAGA claim because the State was not a party to the arbitration agreement. 		Employment Law 2DCA/8 May 4, 2021
Gomez v. The Regents of the University of California
Wage Order No. 4 does not apply to Regents of the University of California because it is neither a political subdivision nor a listed entity, but a public trust. 		Employment Law 4DCA/1 Apr. 26, 2021
Vendor Surveillance Corporation v. Henning
'Dynamex' 'ABC' test applies in alleged wage order violations and 'Borello' provides applicable standard in assessing unemployment insurance taxes. 		Employment Law 4DCA/1 Mar. 22, 2021
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