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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 Aug. 31, 2023
Wit v. United Behavioral Health
Plaintiffs, beneficiaries of ERISA-governed health plans, had Article III standing to bring breach of fiduciary duty and improper denial of benefits claims under ERISA against the claims administrator.
Employment Law 9th Aug. 23, 2023
Bugielski v. AT&T Services, Inc.
Summary judgment was not appropriate where contract amendment between retirement plan administrator and recordkeeper satisfied the definition of a prohibited transaction under ERISA.
Employment Law 9th Aug. 7, 2023
Earley v. Workers' Compensation Appeals Bd.
The Workers' Compensation Appeals Board's long-standing practice of granting petitions for reconsideration solely for further study violated the clear statutory requirement to state the reasons for granting in detail.
Employment Law 2DCA/8 Aug. 3, 2023
Persian Broadcast Service Global, Inc. v. Walsh
Termination of E-3 visa did not end company's obligation to pay wages or constitute an exception to the Labor Condition Application.
Employment Law 9th Aug. 2, 2023
Woodworth v. Loma Linda University Medical Center
In agreement with *Camp v. Home Depot*, an employer cannot apply a rounding policy if it has captured the exact amount of time an employee has worked.
Employment Law 4DCA/2 Jul. 26, 2023
Crowe v. Wormuth
Merit Systems Protection Board's jurisdiction over an adverse employment action does not confer pendent jurisdiction over factually related claims that, on their own, would not be appealable to the MSPB.
Employment Law 9th Jul. 26, 2023
Zirpel v. Alki David Productions Inc.
Trial court did not commit legal error in finding that requiring employee's continued work in building that was unpermitted for event use was an activity that violated regulations.
Employment Law 2DCA/4 Jul. 18, 2023
Adolph v. Uber Technologies Inc.
Private Attorneys General Act plaintiffs do not lose standing to litigate non-individual claims in court when plaintiffs' individual claims are subject to arbitration.
Employment Law CASC Jul. 18, 2023
Thai v. International Business Machines Corp.
Employer was statutorily obligated to reimburse work-from-home expenses incurred by its employees as a direct result of their job duties even though the employer did not directly cause the expenses.
Employment Law 1DCA/5 Jul. 12, 2023
Morales-Garcia v. Better Produce Inc.
Strawberry marketers not liable for farmworkers' wages as a client employer where they had no control over the farms nor was the harvesting part of the marketers' customary work.
Employment Law 9th Jun. 2, 2023
People ex rel. Garcia-Brower v. Kolla's, Inc.
Under Labor Code Section 1102.5(b), protected disclosures include complaints or reports of violations already known to employers or entities.
Employment Law CASC May 23, 2023
Quinn v. LPL Financial LLC
Statutory exemption from the ABC test for financial representatives for securities dealers had a rational basis because professionals were less likely to be exploited by misclassification.
Employment Law 2DCA/8 May 12, 2023
Young v. RemX Specialty Staffing
Employee's firing from her temporary assignment at a bank did not constitute a "discharge" under the Labor Code because her employment relationship with the staffing agency had not ended.
Employment Law 1DCA/5 May 11, 2023
Modification: Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations.
Employment Law 1DCA/2 May 10, 2023
Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations.
Employment Law 1DCA/2 Apr. 17, 2023
Modification: Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay.
Employment Law 4DCA/1 Mar. 24, 2023
Atalla v. Rite Aid Corporation
Employer found not strictly liable under the Fair Employment and Housing Act for lewd text messages sent from supervisor to employee because the exchange was tied to the personal friendship between supervisor and employee.
Employment Law 5DCA Mar. 16, 2023
Buero v. Amazon.com Services Inc.
Because Oregon law aligns with federal law regarding what activities are compensable, plaintiff was required to allege that mandatory security screenings before or after work shifts were compensable under the Fair Labor Standards Act.
Employment Law 9th Mar. 13, 2023
Naranjo v. Spectrum Security Services, Inc.
Substantial evidence supported trial court's finding that employer presented good faith defenses at trial for its failure to pay meal premiums and therefore was not "willful" under Labor Code Section 203.
Employment Law 2DCA/4 Mar. 1, 2023
Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay.
Employment Law 4DCA/1 Feb. 27, 2023
Helix Energy Solutions Group, Inc. v. Hewitt
Toolpusher on offshore oil rig was not exempt from Fair Labor Standards Act because he was paid based on the number of days worked rather than a predetermined, unchanging "salary."
Employment Law USSC Feb. 23, 2023
Kappouta v. Valiant Integrated Services
Plaintiff was not entitled to defense contractor whistleblower protections where she failed to demonstrate a reasonable belief that her disclosure was related to a defense contract.
Employment Law 9th Feb. 21, 2023
Clarkson v. Alaska Airlines Inc.
In a Uniformed Services Employment and Reemployment Rights Act suit, the district court erred by comparing short-term non-military leave to military leave in general, as opposed to just short-term military leave.
Employment Law 9th Feb. 2, 2023
Adanna Car Wash Corp. v. Gomez
Employer's posting of Labor Code Section 2055 surety bond to operate a car wash did not also qualify as a bond for appeal of a Labor Commissioner decision.
Employment Law 2DCA/5 Jan. 19, 2023
Lemm v. Ecolab
Employer's overtime compensation payments on employee's bonus satisfied both federal and state employment law because it comported with the incentive compensation plan in the employment contract.
Employment Law 2DCA/5 Jan. 5, 2023
Parsons v. Estenson Logistics, LLC
Under Code of Civil Procedure Section 12a, Labor Code Section 204(d)'s wage payment time limits may be extended by weekends and holidays so that weekly-paid wages do not have to be paid within seven calendar days.
Employment Law 3DCA Dec. 29, 2022
Espinoza v. Warehouse Demo Services, Inc.
Employees working at a fixed site not owned or leased by the employer were not subject to outside salesperson exemption where the employer controlled employees' hours and working conditions.
Employment Law 1DCA/5 Dec. 28, 2022
Whitlach v. Premier Valley, Inc.
As specifically referenced in Labor Code Section 2778(b)(1), Business and Professions Code Section 10032's test for determining real estate agent's employee or independent contractor status applied to wage and hour provisions.
Employment Law 5DCA Dec. 21, 2022
Ray v. Los Angeles County Dept. of Public Social Services
Under the Fair Labor Standards Act, Los Angeles County is a joint employer of the In-Home Supportive Services program and therefore could be held liable for overtime compensation.
Employment Law 9th Nov. 7, 2022