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GCIU-Employer Retirement Fund v. MNG Enterprises
Under the Multiemployer Pension Plan Amendments Act, employers withdrawing from an ERISA plan are to be imposed a withdrawal liability rate accurately tailored to the plan's expected rate of growth. 		Employment Law 9th Oct. 31, 2022
Camp v. Home Depot U.S.A., Inc.
A quarter-hour time-rounding policy may be unlawful where the timekeeping system records each punch to the minute. 		Employment Law 6DCA Oct. 26, 2022
Cadena v. Customer Connexx LLC
Where waiting for computer to boot up and log in to timekeeping program was necessary to perform call center duties, time spent waiting for the boot up and log in was compensable under the Fair Labor Standards Act. 		Employment Law 9th Oct. 25, 2022
Killgore v. Specpro Professional Services
Under Section 1102.5(b) of the Whistleblower Act, a protected disclosure includes employees' disclosure of potential violations to those with authority over the employee. 		Employment Law 9th Oct. 21, 2022
CSV Hospitality Management, LLC v. Lucas
Because the evidentiary hearing for a workplace restraining order was the only time defendant could present his case, the trial court was required to allow defendant's cross-examination of witnesses. 		Employment Law 1DCA/1 Oct. 19, 2022
Modification: Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits. 		Employment Law 1DCA/4 Oct. 13, 2022
Rodriguez v. Parivar, Inc.
Special verdict was defective because the question posed to the jury--how much plaintiff performed exempt duties--was unduly restrictive and did not resolve every controverted issue. 		Employment Law 1DCA/4 Sep. 28, 2022
Gavriiloglou v. Prime Healthcare Management
Arbitrator's findings regarding an employee's individual claims had no preclusive effect on her representative Private Attorneys General Act claims. 		Employment Law 4DCA/2 Sep. 22, 2022
Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits. 		Employment Law 1DCA/4 Sep. 15, 2022
Modification: Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. 		Employment Law 2DCA/2 Sep. 14, 2022
Rodgers v. State Personnel Board
Due process was violated when the proposed penalty on the notice of adverse action was based on allegations that differed significantly from the administrative law judge's factual findings. 		Employment Law 4DCA/2 Sep. 12, 2022
MacIntyre v. Carroll College
Given the low evidentiary threshold required for a prima facie Title IX retaliation claim, employer's refusal to renew an employment contract was sufficient to meet plaintiff-appellant's burden. 		Employment Law 9th Sep. 9, 2022
Hale v. California Public Employees' Retirement System
Former firefighters' holiday leave cash-outs were special compensation and must be included in calculating their pensions. 		Employment Law 1DCA/3 Aug. 30, 2022
Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. 		Employment Law 2DCA/2 Aug. 29, 2022
Manuel v. Superior Court (Brightview Landscape Services)
Motion to compel further responses to discovery inquiring into former employee's immigration status was improperly granted because immigration status was irrelevant to employer's alleged liability for wrongful termination. 		Employment Law 6DCA Aug. 29, 2022
Flower World v. Sacks
State mandates addressing public health crisis were not federally preempted because they were not related to occupational safety or health issues addressed by a properly promulgated federal standard. 		Employment Law 9th Aug. 12, 2022
National Railroad Passenger Corp. v. Brotherhood of Locomotive Engineers and Trainmen
The federal Railroad Unemployment Insurance Act preempts California's Healthy Workplaces, Healthy Families Act as to any "sickness benefits" for California railroad employees. 		Employment Law 9th Jul. 27, 2022
Francis v. City of Los Angeles
City was entitled to nonsuit for retaliation claim where plaintiff failed to present substantial evidence demonstrating that she had been subject to any adverse employment action. 		Employment Law 2DCA/1 Jul. 26, 2022
Howitson v. Evans Hotels
Plaintiff's PAGA lawsuit alleging the same Labor Code violations as prior class action was not barred by claim preclusion because PAGA causes of action and parties are different from individual or class actions. 		Employment Law 4DCA/1 Jul. 25, 2022
Modification: Seviour-Iloff v. LaPaille
Under Labor Code Section 558.1, individual liability can be imposed on CEO for company's wage violations. 		Employment Law 1DCA/1 Jul. 25, 2022
Meda v. Autozone
Where employers have not expressly advised their employees that seats may be used during work nor provided seats at workstations, whether employers have been "provided" suitable seating requires fact-specific analysis. 		Employment Law 2DCA/3 Jul. 20, 2022
Modification: Meza v. Pacific Bell Telephone Co.
Pacific Bell's overtime wage statements which left the "rate" and "hour" columns blank on the wage statements because of its incentive program did not violate Labor Code requirements. 		Employment Law 2DCA/3 Jul. 13, 2022
Hargrove v. Legacy Healthcare, Inc.
Plaintiff could not be substituted as the representative Private Attorneys General Act plaintiff after the original plaintiff died since she did not satisfy the legislative prerequisites for filing until after the initial claim was filed. 		Employment Law 4DCA/2 Jul. 5, 2022
Hamilton v. Wal-Mart Stores
To assert Private Attorneys General Act causes of action, employee plaintiffs need not comply with the Federal Rules of Civil Procedure Rule 23 requirements, including manageability. 		Employment Law 9th Jul. 1, 2022
Seviour-Iloff v. LaPaille
Under Labor Code Section 558.1, individual liability can be imposed on CEO for company's wage violations. 		Employment Law 1DCA/1 Jun. 29, 2022
County of Sonoma v. Public Employment Relations Bd.
Public Employment Relations Board's failure to consider whether bargaining was required prior to placing measure on ballot that amended law enforcement authority was clear error. 		Employment Law 1DCA/3 Jun. 27, 2022
Garcia v. Superior Court
Federal regulations prohibiting California from enforcing its meal and rest break requirements for drivers had no retroactive preemptory effect and should be applied prospectively. 		Employment Law 2DCA/5 Jun. 22, 2022
Meza v. Pacific Bell Telephone Co.
Pacific Bell's overtime wage statements which left the "rate" and "hour" columns blank on the wage statements because of its incentive program did not violate Labor Code requirements. 		Employment Law 2DCA/3 Jun. 20, 2022
Johnson v. WinCo Foods LLC
A job applicant's pre-employment drug test does not render him an employee or require reimbursement for his travel and time spent on the drug test 		Employment Law 9th Jun. 13, 2022
Belaustegui v. International Longshore and Warehouse Union
Under the Uniformed Services Employment and Reemployment Rights Act, a reemployed longshoreman was entitled to hour-based seniority credit for the time he was enlisted in the U.S. Air Force. 		Employment Law 9th Jun. 7, 2022
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