Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-15648
|
Beckington v. American Airlines
Employees may not sue their employer under Railway Labor Act for allegedly 'colluding' with union in union's breach of duty; thus district court's judgment dismissing plaintiffs' claim was affirmed. |
Labor Law |
|
J. Bybee | Jun. 11, 2019 |
S245607
|
Melendez v. S.F. Baseball Associates LLC
Where dispute concerns meaning of state labor statute and requires, at most, court to 'look at' collective bargaining agreement, suit not preempted by Labor Management Relations Act. |
Labor Law |
|
M. Chin | Apr. 26, 2019 |
18-15104
|
Grimm v. Vortex Marine Construction
District courts lack jurisdiction over merits of litigation disputing Longshore Act compensation orders, which must specify a money allowance or method for calculating it to fall under this limited jurisdiction. |
Labor Law |
|
A. Hurwitz | Apr. 17, 2019 |
A152379
|
Savea v. YRC Inc.
Employer listing its actual recorded fictitious business name and mailing address, omitting a mail stop code and ZIP+4 Code, fully complied with Labor Code Section 226(a)(8). |
Labor Law |
|
R. Wiseman | Apr. 12, 2019 |
F074704
|
Nieto v. Fresno Beverage Co.
A delivery driver working exclusively intrastate, but whose deliveries are part of a continuous flow of interstate commerce, qualifies for the Federal Arbitration Act's Section 1 exemption. |
Labor Law |
|
J. Detjen | Mar. 25, 2019 |
B282631
|
Moorer v. Noble LA Events Inc.
Plaintiff refused to comply with court's order to distribute 25 percent of penalties to be allocated under the Private Attorney General Act of 2004 to all aggrieved employees; thus, dismissal affirmed. |
Labor Law |
|
G. Feuer | Mar. 1, 2019 |
17-16193
|
Wadler v. Bio-Rad Laboratories
Provisions of the Foreign Corrupt Practices Act are not 'rules or regulations' of the SEC for purposes of Section 806 of the Sarbanes-Oxley Act. |
Labor Law |
|
M. Bennett | Feb. 27, 2019 |
B280151
|
Ward v. Tilly's, Inc.
Requiring an employee to call in two hours before the start of an employees on-call shift to determine whether they are needed to work those shifts triggers Wage order No. 7-2001. |
Labor Law |
|
L. Edmon | Feb. 6, 2019 |
17-35513
|
Frost v. BNSF
Jury instruction that defendant could not be liable if it terminated plaintiff due to 'honest belief' that he violated safety rules in retaliation claim was inconsistent with Federal Railroad Safety Act's statutory mandate. |
Labor Law |
|
M. Christen | Jan. 31, 2019 |
16-56515
|
Curtis v. Irwin Industries
Plaintiffs' claim was preempted under Section 301 of the Labor Management Relations Act because California overtime law does not apply to an employee working under a qualifying collective bargaining agreement. |
Labor Law |
|
S. Ikuta | Jan. 28, 2019 |
A152535
|
Duffey v. Tender Heart Home Care Agency
Domestic Worker Bill of Rights' provisions governing which domestic workers are covered by its overtime requirement must be liberally construed; thus trial court erred in exclusively applying common law test. |
Labor Law |
|
M. Simons | Jan. 15, 2019 |
A151986
|
Furry v. East Bay Publishing
Because employer failed to keep accurate records of employee's work hours, imprecise evidence by the employee provided a sufficient basis for damages as to overtime claim. |
Labor Law |
|
K. Kelly | Jan. 8, 2019 |
B282971
|
International Brotherhood of Teamsters v. City of Monterey Park
City breached its duty under Labor Code Section 1072 to award bidding preference only to contractors who declare in their bids they will retain existing employees for at least 90 days. |
Labor Law |
|
J. Segal | Jan. 8, 2019 |
F075102
|
Nisei Farmers League v. California Labor and Workforce Development Agency
For a statute to avoid being deemed unconstitutionally vague, it must contain an adequately discernible standard that possesses a reasonable degree of specificity. Detailed specificity is unnecessary. |
Labor Law |
|
H. Levy | Jan. 7, 2019 |
C085863
|
Rymel v. Save Mart Supermarkets
Claims that involve rights conferred upon an employee under state law, and do not require a CBA to be interpreted, are not preempted by Labor Management Relations Act Section 301. |
Labor Law |
|
E. Duarte | Jan. 3, 2019 |
D071865
|
Modification: Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. |
Labor Law |
|
J. Irion | Jan. 2, 2019 |
D072392
|
Carrington v. Starbucks Corp.
An aggrieved employee who brings a representative PAGA action 'may seek penalties not only for the Labor Code violation that affected her, but also for different violations that affected other employees.' |
Labor Law |
|
P. Guerrero | Dec. 24, 2018 |
D071865
|
Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. |
Labor Law |
|
J. Irion | Dec. 12, 2018 |
S241655
|
Gerard v. Orange Coast Mem. Medical Center
The 'notwithstanding' phrase in former Labor Code Section 516 gives broad powers to the Industrial Welfare Commission; thus, hospital's second meal period waiver policy did not violate Labor Code Section 512(a). |
Labor Law |
|
G. Liu | Dec. 11, 2018 |
16-16363
|
Asarco v. United Steel
Arbitrator's decision to reform collective bargaining agreement 'drew its essence' from the agreement, where arbitrator considered 'substantial evidence' from union that mutual mistake occurred. |
Labor Law |
|
R. Gettleman | Dec. 5, 2018 |
B276420
|
Kaanaana v. Barrett Business Services, Inc.
Employees working during a 30-minute meal period are entitled to a meal period premium, as well as, the legal minimum wage for all time worked during the meal period. |
Labor Law |
|
L. Rubin | Dec. 4, 2018 |
15-56460
|
Amended Opinion: Sali v. Corona Regional Medical Center
District court errs by striking declaration in preliminary stage of a class action, because it may not decline to consider evidence based only on whether or not it would be admissible at trial. |
Labor Law |
|
S. Mendoza | Nov. 28, 2018 |
B278911
|
Brown v. Ralphs Grocery Company et al.
Plaintiff's notice under Labor Code Section 2699.3(a) was not adequate except for one allegation because it was a string of legal conclusions and did not allege 'facts and theories.' |
Labor Law |
|
L. Seigle | Nov. 1, 2018 |
A154476
|
Contractors State Licensing Bd. v. Superior Court
If administrative remedies are provided by statute, relief must be sought from the administrative body and all remedies exhausted before courts will act. |
Labor Law |
|
J. Humes | Oct. 31, 2018 |
D072265
|
Certified Tire and Service Centers Wage and Hour Cases
No minimum wage violation when defendant's compensation program paid employees for all hours worked at a rate above minimum wage, regardless of their productivity, and regardless of the type of activity performed. |
Labor Law |
|
J. Irion | Oct. 5, 2018 |
D069001
|
Atempa v. Pedrazzani
Both the employer and any 'other person' who causes a violation of the overtime pay or minimum wage laws are subject to specified civil penalties. |
Labor Law |
|
J. Irion | Oct. 1, 2018 |
16-56546
|
Allied Concrete and Supply v. IBT
California Labor Code Section 1720.9 meets the rational basis test and therefore does not violate the Equal Protection Clause of the Fourteenth Amendment |
Labor Law |
|
A. Tashima | Sep. 21, 2018 |
15-15791
|
Marsh v. J. Alexander's
The Department of Labor foreclosed an employer's ability to abuse the tip credit provision by promulgating a dual jobs regulation and subsequently interpreting that regulation in the 'Guidance.' |
Labor Law |
|
R. Paez | Sep. 19, 2018 |
15-56990
|
Campbell v. City of Los Angeles
Where motion to decertify collective FLSA suit considered at summary judgment stage of litigation, proper standard of review as to whether plaintiffs are 'similarly situated' is, essentially, summary judgment standard. |
Labor Law |
|
M. Berzon | Sep. 14, 2018 |
17-55133
|
California Trucking Assoc. v. Su
A district court correctly found that the Federal Aviation Authorization Act does not preempt a state law standard for employee/independent contractor classification decisions. |
Labor Law |
|
A. Tashima | Sep. 11, 2018 |