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City of San Diego v. Haas
Although ordinance on employee benefits operates retroactively, it is not invalid because it only amends city's municipal code to reflect already existing agreements. 		Employment Law Jul. 2, 2012
Patterson v. Domino's Pizza LLC
Summary judgment is improper on claim for vicarious liability where evidence supported reasonable inference that franchisor exerted control over franchisee. 		Employment Law Jun. 28, 2012
Bilyeu v. Morgan Stanley Long Term Disability Plan
ERISA’s administrative exhaustion requirement is excused where claimant acted reasonably in light of claim administrator’s unclear communications and failure to engage in meaningful dialogue. 		Employment Law Jun. 20, 2012
CGI Technologies and Solutions Inc. v. Rose
In action by employer seeking reimbursement under ERISA, recovery must incorporate equity in addition to contract's terms. 		Employment Law Jun. 20, 2012
Pulli v. Pony International LLC
Existence of invalid release of wage claim does not provide defense to enforcement of arbitration provision contained in same agreement. 		Employment Law Jun. 19, 2012
Rickards v. United Parcel Service Inc.
Fair Employment and Housing Act complaint is sufficiently verified where attorney completed online form, which lacked signature line. 		Employment Law Jun. 19, 2012
Housing Partners I Inc. v. Duncan
Housing development project does not qualify for exemption from prevailing wage law because it was supported by combination of housing funds and public funds. 		Employment Law Jun. 18, 2012
Christopher v. SmithKline Beecham Corp.
Pharmaceutical sales representatives are not entitled to overtime compensation under Fair Labor Standards Act because they qualify as 'outside salesmen.' 		Employment Law Jun. 18, 2012
Renfro v. The Funky Door Long Term Disability Plan
Plan administrator does not abuse discretion in deducting Social Security Disability Insurance benefits from payment of benefits under long term disability plans. 		Employment Law Jun. 18, 2012
Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros)
Employee’s refusal to sign receipt of disciplinary memorandum constitutes misconduct that disqualifies employee from receiving unemployment benefits. 		Employment Law Jun. 17, 2012
Hoover v. American Income Life Insurance Co.
Employer waives right to compel arbitration where it failed to introduce question of arbitration over one year after filing of complaint. 		Employment Law Jun. 14, 2012
Elgin v. Dept. of Treasury
Civil Service Reform Act precludes district court jurisdiction over petitioners' claims because Congress intended CSRA review scheme to provide exclusive avenue to judicial review. 		Employment Law Jun. 11, 2012
Bluford v. Safeway Stores Inc.
Truck driver's lawsuit against Safeway Stores based on its alleged failure to pay for rest periods may continue as class action. 		Employment Law May 29, 2012
Schechner v. KPIX-TV
Plaintiffs in age discrimination case fail to establish prima facie case where employer's legitimate non-discriminatory reasons for layoff decisions were not pretext for discrimination. 		Employment Law May 29, 2012
Fitzsimons v. California Emergency Physicians Medical Group
Plaintiff's claim alleging retaliation for reporting sexual discrimination does not fail even where plaintiff is bona fide partner, not employee, of defendant medical group. 		Employment Law May 16, 2012
People ex rel. Harris v. Sunset Car Wash LLC
Successor car wash operator is liable for predecessor’s wage law violations where successor operates at same location and performs same services as predecessor. 		Employment Law May 16, 2012
Cash v. Winn
Caregiver who provides health care related services but is not registered nurse does not lose her status as personal attendant and is thus exempt from overtime wages. 		Employment Law May 14, 2012
Aleksick v. 7-Eleven Inc.
Unfair competition law claim for Labor Code wage dispute against payroll company cannot be maintained where no employer-employee relationship exists. 		Employment Law May 8, 2012
Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone)
Trial court errs in denying motion to dismiss wage-and-hour class action allegations where arbitration agreement was enforceable and did not authorize class arbitration. 		Employment Law May 1, 2012
Kirby v. Immoos Fire Protection Inc.
Prevailing defendant is not entitled to attorney fees because claim for failure to provide rest breaks does not constitute ‘action brought for nonpayment of wages.’ 		Employment Law Apr. 30, 2012
Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone)
Trial court errs in denying motion to dismiss wage-and-hour class action allegations where arbitration agreement was enforceable and did not authorize class arbitration. 		Employment Law Apr. 25, 2012
Donovan v. Dan Murphy Foundation
Order granting anti-SLAPP motion is improper because gravamen of plaintiff’s complaint alleging wrongful removal from foundation's board did not implicate protected activity. 		Employment Law Apr. 18, 2012
Thornton v. California Unemployment Insurance Appeals Board
Public employee is not entitled to reimbursement for attorney fees from public employer where employee only incurred expenses during prelitgiation investigation. 		Employment Law Apr. 17, 2012
Henry M. Lee Law Corp. v. Superior Court (Chang)
Attorney, not client, is entitled to attorney fees awarded under Labor Code provisions allowing employees to recover attorney fees from employers. 		Employment Law Apr. 16, 2012
Brinker Restaurant Corp. v. Superior Court (Hohnbaum)
Although employers must relieve employees of all duties during meal periods, employers are not required to ensure that no work is done. 		Employment Law Apr. 12, 2012
Grey v. American Management Services
Arbitration award is invalid because employment contract was final expression of parties’ agreement and superseded Issue Resolution Agreement containing broad arbitration provision. 		Employment Law Mar. 29, 2012
Rehmani v. Superior Court (Ericsson Inc.)
Claims of workplace harassment based on national origin and religion survive summary judgment where issues exist as to whether employer failed to prevent harassment. 		Employment Law Mar. 29, 2012
Baker v. Mulholland Security and Patrol Inc.
Expert witness fees may not be awarded to prevailing Fair Employment and Housing Act defendant unless plaintiff’s claim is frivolous. 		Employment Law Mar. 28, 2012
Coleman v. Court of Appeals
Sovereign immunity bars suits against states for damages under Family and Medical Leave Act’s self-care provision because there is no evidence of discrimination. 		Employment Law Mar. 20, 2012
Skinner v. Northrop Grumman Retirement Plan B
Terms of retirement plan’s master documents need not be reformed to be consistent with summary plan description where plan participants did not show fraud or mistake. 		Employment Law Mar. 18, 2012
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