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Mauia v. Petrochem Insulation
In Outer Continental Shelf, state law can only be applied where gap in federal law exists. 		Labor Law 9th Jul. 21, 2021
National Labor Relations Board v. Nexstar Broadcasting Inc.
Collective bargaining agreement must explicitly provide for survival of expired contract rights. 		Labor Law 9th Jul. 13, 2021
Columbia Export Terminal v. International Longshore and Warehouse Union
Section 301 of Labor Management Relations Act precluded adjudication of RICO claims because resolution of claims required interpretation of underlying collective bargaining agreement, which provided for arbitration. 		Labor Law 9th Jun. 29, 2021
Usher v. White
Company owner's summary judgment motion was properly granted because she was not personally involved in company's decision to classify plaintiffs as independent contractors. 		Labor Law 4DCA/1 Jun. 1, 2021
Magadia v. Wal-Mart Associates
Plaintiff lacked Article III standing to seek Private Attorneys General Act claim for meal-break violations because he was uninjured party suing on behalf of other employees. 		Labor Law 9th Jun. 1, 2021
Department of Industrial Relations v. Built Pacific, Inc.
Civil Code Section 1671(b) addresses validity of liquidated damages provisions in contracts, but does not apply to Civil Wage Penalty Assessments. 		Labor Law 4DCA/1 Apr. 8, 2021
Garcia v. Service Employees International Union
Plaintiff's claims sought to vindicate rights created solely by Labor Management Relations Act Section 301 labor contracts and were thus preempted. 		Labor Law 9th Apr. 6, 2021
Parada v. East Coast Transport Inc.
'Dynamex Operations West, Inc. v. Superior Court' applies retroactively; thus, because trial court ruled it did not apply retroactively, judgment was reversed and remanded. 		Labor Law 2DCA/2 Apr. 5, 2021
Jones v. Quality Coast
Plaintiff was not entitled to protection under Displaced Janitor Opportunity Act because he was supervisory employee at air traffic control facility. 		Labor Law 2DCA/5 Mar. 25, 2021
Sargent v. Bd. of Trustees of the California State Univ.
A viable claim under the Private Attorneys General Act can be asserted against defendant, but only when the statutes upon which the claims are premised themselves provide for penalties. 		Labor Law 1DCA/1 Mar. 9, 2021
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. 		Labor Law 9th Mar. 9, 2021
Donohue v. AMN Services, LLC
Defendant improperly rounded time records for meal periods using timekeeping system, and failed to pay premium wages for noncompliant meal periods. 		Labor Law CASC Feb. 26, 2021
Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. 		Labor Law 9th Feb. 24, 2021
Clarke v. AMN Services
Defendant failed to demonstrate that its per diem benefits may be excluded from Fair Labor Standards Act regular rate of pay under Section 207(e)(2). 		Labor Law 9th Feb. 9, 2021
Ward v. United Airlines
Applying Labor Code Section 226 in accordance with test set forth by California Supreme Court under 'Ward v. United Airlines, Inc.' does not violate dormant Commerce Clause. 		Labor Law 9th Feb. 3, 2021
Rojas-Cifuentes v. Superior Court (American Modular Systems)
Trial court erred in granting respondent's motion for summary adjudication because petitioner's Private Attorneys General Act notice supplied sufficient facts and theories to support his claims. 		Labor Law 3DCA Dec. 23, 2020
Semprini v. Wedbush Securities, Inc.
Defendant's compensation plan based solely on commissions, with recoverable advances on future commissions, did not satisfy salary basis test; thus, administrative exemption did not apply. 		Labor Law 4DCA/3 Nov. 11, 2020
Miles v. City of Los Angeles
Wage Order No. 9 only applies to workers in transportation industry and sanitation workers do not become part of transportation industry simply because they transport waste. 		Labor Law 2DCA/1 Oct. 30, 2020
Midwest Motor Supply Co. v. Superior Court (Finch)
Labor Code Section 925 unambiguously permits employees to void forum-selection clauses in contracts modified on or after January 1, 2017. 		Labor Law 1DCA/4 Oct. 30, 2020
Amended Opinion: Frlekin v. Apple
Employees' time spent on employer's premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices voluntarily brought to work for personal convenience was compensable as 'hours worked.' 		Labor Law 9th Oct. 30, 2020
Garcia-Brower v. Premier Automotive Imports of CA, LLC
Trial court's grant of nonsuit was improper because reasonable jury could conclude that defendant misused employee's dismissed conviction to terminate her in violation of Labor Code Section 432.7. 		Labor Law 1DCA/1 Oct. 19, 2020
Provost v. YourMechanic, Inc.
Threshold issues involving whether plaintiff is an 'aggrieved employee' for purposes of representative PAGA-only action cannot be split into individual arbitrable and representative nonarbitrable components. 		Labor Law 4DCA/1 Oct. 19, 2020
International Longshore and Warehouse Union v. National Labor Relations Board
National Labor Relations Board erred in deeming its Section 10(k) of the National Labor Relations Act decision 'dispositive' of petitioner's work preservation defense. 		Labor Law 9th Oct. 15, 2020
Santos v. Crenshaw Manufacturing, Inc.
'Power press exception' to principle of workers' compensation exclusivity applied because machine's instruction manual required use of 'adequate guards,' which went unheeded by present user. 		Labor Law 4DCA/3 Sep. 29, 2020
Frlekin v. Apple
Employees' time spent on employer's premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices voluntarily brought to work for personal convenience was compensable as 'hours worked.' 		Labor Law 9th Sep. 3, 2020
Li v. Dept. of Industrial Relations
Labor Code Section 1197.1's new bond requirement did not constitute retroactive application of statute because all that changed was the addition of procedural requirement. 		Labor Law 2DCA/7 Aug. 21, 2020
Delta Sandblasting v. National Labor Relations Board
Labor Management Relations Act Section 302's written agreement requirement was satisfied by parties' collective bargaining agreement. 		Labor Law 9th Aug. 12, 2020
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
Good faith bargaining duty extends, at minimum, to negotiation sessions held outside mediator's presence during Mandatory Mediation and Conciliation process. 		Labor Law 5DCA Jul. 17, 2020
Mattei v. Corporate Management Solutions
Trial court erred in granting summary judgment to defendant because defendant failed to demonstrate it was not an employer within meaning of Industrial Welfare Commission Wage Order No. 12-2001. 		Labor Law 2DCA/7 Jul. 16, 2020
David v. Queen of the Valley Medical Center
Defendant's meal and rest period policies complied with California law; thus, judgment was affirmed. 		Labor Law 1DCA/5 Jul. 1, 2020
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