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Cadena v. Customer Connexx LLC
The de minimis doctrine remains applicable to workers' claims for overtime wages under Section 207 of the Fair Labor Standards Act.
Employment Law 9th Jul. 11, 2024
Musquiz v. U.S. Railroad Retirement Board
Retired railworker was without fault for overpayments made by Railroad Retirement Board after the Board sent him a letter stating that it had adjusted his annuity based on additional wages.
Employment Law 9th Jul. 5, 2024
Perez v. Barrick Goldstrike Mines, Inc.
Family and Medical Leave Act does not require an employer to present contrary medical evidence before contesting a doctor's certification of a serious health condition.
Employment Law 9th Jul. 1, 2024
Rajaram v. Meta Platforms, Inc.
42 U.S.C. Section 1981 prohibits discrimination in hiring against United States citizens based on their citizenship.
Employment Discrimination, Employment Law 9th Jun. 28, 2024
Paleny v. Fireplace Products U.S., Inc.
Egg retrieval and freezing procedures did not qualify as a pregnancy-related medical condition or disability protected by FEHA.
Employment Discrimination, Employment Law 3DCA Jun. 28, 2024
Lusardi Construction Co. v. Dept. of Industrial Relations
Under former Labor Code Section 1777.7, prime contractor's knowledge of subcontractor's noncompliance with apprenticeship hiring requirements was sufficient to support penalizing the prime contractor for the noncompliance.
Employment Law, Remedies 4DCA/1 Jun. 26, 2024
Frayo v. Martin
Employee's refusal to take and provide the results of a COVID-19 test to his employer was not a refusal to sign an authorization under the Confidentiality of Medical Information Act.
Employment Law 6DCA Jun. 25, 2024
Ibarra v. Chuy & Sons Labor, Inc.
Defining aggrieved employees in a prelitigation notice is not required for a Private Attorneys General Act claim to proceed.
Employment Law 2DCA/6 Jun. 20, 2024
Olson v. State of California
California's differential treatment of worker misclassification in the transportation and delivery services sector relative to other sectors passed rational basis review.
Employment Law 9th Jun. 11, 2024
Hoglund v. Sierra Nevada Memorial-Miners Hospital
Substantial evidence supported plaintiff's age discrimination claim because ample evidence demonstrated that significant participant in her termination exhibited discriminatory animus towards her and that reasons for her firing were pretextual.
Employment Discrimination, Employment Law 3DCA May 20, 2024
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims.
Arbitration, Employment Law 9th May 13, 2024
Bafford v. Administrative Committee of the Northrop Grumman Pension Plan
An ERISA plan administrator's duty to provide pension benefit statements is not met if the provided statements are substantially inaccurate.
Employment Law, Civil Procedure 9th May 10, 2024
Naranjo v. Spectrum Security Services, Inc.
Employers are not subject to civil penalties for failure to comply with wage statement requirements when they had a reasonable good faith belief they complied with Labor Code Section 226.
Employment Law, Remedies CASC May 7, 2024
LaMarr v. The Regents of the University of California
Because intent to terminate was never issued and employer's demotion was voluntary, substantial evidence supported that employee was not entitled to *Skelly* hearing.
Employment Law 3DCA Apr. 25, 2024
Mondragon v. Sunrun Inc.
Former employee may continue his individual PAGA claims in court when circumstances surrounding arbitration agreement did not evidence parties' clear intent for arbitrator to decide arbitrability issues.
Arbitration, Employment Law 2DCA/7 Apr. 24, 2024
Ruelas v. County of Alameda
Nonconvicted incarcerated individuals providing labor for a for-profit private company to supply meals within a county jail do not have a claim for minimum and overtime wages.
Prisoners Rights, Employment Law CASC Apr. 23, 2024
Balderas v. Fresh Start Harvesting, Inc.
Aggrieved employee had standing to bring a Private Attorneys General Act claim despite not having filed an individual action against employer.
Employment Law 2DCA/6 Apr. 22, 2024
Shah v. Skillz Inc.
Calculating stock options damages for breach of contract was not limited to the difference between the stock options' exercise price and the value of the stock at employee's termination.
Employment Law 1DCA/5 Apr. 10, 2024
Silva v. Medic Ambulance Service, Inc.
Emergency Ambulance Employee Safety and Preparedness Act's requirements regarding work shifts applied retroactively to ambulance worker's class action.
Employment Law 1DCA/1 Apr. 8, 2024
Gramajo v. Joe's Pizza on Sunset, Inc.
Pizza delivery driver was entitled to attorney's fees and costs because Labor Code Section 1194(a) was more specific and more recently enacted than Code of Civil Procedure Section 1033(a).
Employment Law 2DCA/8 Mar. 27, 2024
Huerta v. CSI Electrical Contractors
Time spent traveling between security gates and parking lots is compensable as "employer-mandated travel" under Wage Order No. 16 if the gate is the first place his presence is required.
Employment Law CASC Mar. 26, 2024
Neeble-Diamond v. Hotel California By the Sea, LLC
In Fair Employment and Housing Act case, trial court erred in awarding costs based solely on defendant's cost memorandum without a motion to award discretionary costs.
Employment Law 4DCA/3 Feb. 7, 2024
Daramola v. Oracle America, Inc.
Whistleblower anti-retaliation provisions in the Sarbanes-Oxley and Dodd-Frank Acts do not apply to employment relationships outside the U.S.
Employment Law 9th Feb. 7, 2024
Ventura County Employees' Retirement Association v. Criminal Justice Attorneys Association of Ventura County
Ventura County Employees' Retirement Association's resolution excluding compensation for accrued but unused annual leave comported with the California Public Employees' Pension Reform Act's purpose of reducing pension spiking.
Employment Law 2DCA/6 Jan. 22, 2024
Estrada v. Royalty Carpet Mills, Inc.
Trial courts do not have inherent authority to completely dismiss Private Attorneys General Act claims due to manageability concerns.
Employment Law CASC Jan. 19, 2024
Dominguez v. Better Mortgage Corp.
Court order limiting employer's communications with potential plaintiffs in collective employment action was appropriate given findings that the employer's prior communications regarding the suit had been coercive and misleading.
Employment Law 9th Dec. 8, 2023
Beltran v. Hard Rock Hotel Licensing, Inc.
Trial court erred in using outdated standards to grant summary judgment on Fair Employment and Housing Act sexual harassment claim.
Employment Law 4DCA/3 Dec. 7, 2023
Arce v. The Ensign Group, Inc.
Although her last shift was just over a year prior to filing, employee's Private Attorneys General Act claim was within the limitations period because failure to pay premiums on termination is a Labor Code violation.
Employment Law 2DCA/5 Oct. 23, 2023
Modification: Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest.
Employment Law 1DCA/4 Sep. 27, 2023
Harstein v. Hyatt Corp.
Hyatt's temporary furlough of hotel workers due to COVID-19 constituted a "discharge" that required immediate payment of earned wages.
Employment Law 9th Sep. 25, 2023