For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Enewsletter Sign-up
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Vatalaro v. County of Sacramento
Employers seeking to dismiss a Labor Code Section 1102.5 retaliation claim must show clear and convincing evidence of a legitimate, independent reason for taking the employment action under Section 1102.6. 		Employment Law 3DCA Jun. 2, 2022
Hebert v. Barnes & Noble, Inc.
Employer was liable for Fair Credit Reporting Act violations for delegating FRCA-compliance task to a non-attorney employee and failing to proactively monitor the published consumer report disclosure form. 		Employment Law 4DCA/1 May 13, 2022
Shaw v. Superior Court (Beverages & More, Inc.)
Courts may apply doctrine of exclusive concurrent jurisdiction to stay a PAGA case until conclusion of another PAGA case involving the same defendant and similar claims and legal theories. 		Employment Law 1DCA/4 May 5, 2022
Hill v. Walmart
Walmart did not have to pay penalties under California Labor Code Section 203 to model it hired through agency as it had reasonable grounds to believe she was an independent contractor. 		Employment Law 9th Apr. 27, 2022
Mejia v. Roussos Construction, Inc.
In a misclassification case, the trial court improperly required plaintiff employees to prove that defendant was a hiring entity before placing the burden of the ABC test on defendant. 		Employment Law 3DCA Mar. 29, 2022
Estrada v. Royalty Carpet Mills, Inc.
Private Attorney General Act (PAGA) claims cannot be dismissed based on manageability as that requirement is rooted in class actions, not PAGA principles. 		Employment Law 4DCA/3 Mar. 25, 2022
Colonial Van & Storage, Inc. v. Superior Court (Dominguez)
Employers do not have a duty to ensure that coworkers and business associates are safe from a third party's criminal conduct when they are visiting the private residence of an employee who works from home. 		Employment Law 2DCA/2 Mar. 21, 2022
DePuy Synthes Sales v. Howmedica Osteonics
California law granting employees the option to void a forum-selection clause governed because it was not within the scope of nor contrary to federal transfer motion law. 		Employment Law 9th Mar. 15, 2022
Perez v. City and County of San Francisco
Summary judgment was improperly granted when a jury could infer that a police officer, whose firearm was stolen and used to kill, was acting within the scope of his employment when he left his gun in his car after work. 		Employment Law 1DCA/5 Mar. 3, 2022
White v. Smule, Inc.
With a Labor Code Section 970 claim, evidence of an at-will employment agreement may negate justifiable reliance as to the length of employment but not the kind or character of work. 		Employment Law 1DCA/4 Feb. 23, 2022
LaFace v. Ralphs Grocery Co.
Plaintiff was not entitled to a jury trial under her Private Attorneys General Act action. 		Employment Law 2DCA/4 Feb. 22, 2022
Joseph v. City of Atwater
Police chief's employment contract created a hybrid employment relationship where he could be demoted to lieutenant without cause but could only be terminated with cause. 		Employment Law 5DCA Feb. 11, 2022
Hutcheson v. Superior Court (UBS Financial Services)
The relation-back doctrine can apply when substituting named plaintiffs in a Private Attorneys General Act action. 		Employment Law 1DCA/2 Feb. 9, 2022
Western States Office Fund v. Welfare & Pension Administration Service
Under ERISA, in calculating the "highest contribution rate" for purposes of determining the employer's annual withdrawal payment, the surcharge paid by an employer when a plan is in critical status is not to be included. 		Employment Law 9th Feb. 1, 2022
Lawson v. PPG Architectural Finishes, Inc.
In a whistleblower retaliation case, plaintiff may prevail as long as retaliation was a contributing factor, even if it is not the sole reason for the adverse employment action. 		Employment Law CASC Jan. 28, 2022
Vines v. O'Reilly Auto Enterprises, LLC
Attorney's fees to be awarded in unsuccessful discrimination and harassment claim because those claims were factually intertwined with plaintiff's successful FEHA retaliation claim. 		Employment Law 2DCA/7 Jan. 24, 2022
Espinoza v. Hepta Run, Inc.
California's meal and rest break rules governing the transportation industry are expressly preempted by federal regulations governing truck drivers. 		Employment Law 2DCA/7 Jan. 21, 2022
Armstrong v. Reynolds
An "at-will" employee who was terminated for whistleblowing had a property interest in continued employment. 		Employment Law 9th Jan. 14, 2022
Moniz v. Adecco USA
A settlement approved under the "fair, adequate, and reasonable" standard was appropriate in evaluating the fairness of a Private Attorneys General Act settlement. 		Employment Law 1DCA/4 Dec. 2, 2021
Santos v. El Guapos Tacos, LLC
PAGA notice need only alert the Labor and Workforce Development Agency and employer of ongoing Labor Code violations and need not specifically indicate "other aggrieved employees." 		Employment Law 6DCA Dec. 2, 2021
Gunther v. Alaska Airlines, Inc.
The heightened penalty provisions under the Private Attorneys General Act did not apply because it was undisputed that an airliner provided wage statements to its flight attendants. 		Employment Law 4DCA/1 Dec. 2, 2021
Zamora v. Security Industry Specialists
Summary adjudication was improper because a jury could infer disability discrimination from lower-ranked, but able-bodied employees being demoted rather than terminated. 		Employment Law 6DCA Nov. 2, 2021
Bacoka v. Best Buy Stores, L.P.
Carriers were not employees of Best Buy because Best Buy did not have control over their work, nor any way to terminate them. 		Employment Law 2DCA/8 Nov. 1, 2021
Uribe v. Crown Building Maintenance Co.
The trial court erred in approving a settlement that included Private Attorneys General Act claims that plaintiff had not filed notice of. 		Employment Law 4DCA/3 Oct. 27, 2021
Patterson v. Superior Court (Charter Communications)
In a Fair Employment and House Act claim, an arbitration agreement cannot award attorney fees to a defendant without a showing that the claim was frivolous. 		Employment Law 2DCA/7 Oct. 20, 2021
Morales v. Factor Surfaces LLC
A trial court did not err by allowing commission payments to be included when calculating an employee's hourly rate of pay because the employer failed to produce evidence to the contrary. 		Employment Law 2DCA/4 Oct. 19, 2021
Carrasco v. State Personnel Board (Dept. of Corrections and Rehabilitation)
A probationary government employee may be rejected for a single substantiated reason. 		Employment Law 4DCA/2 Oct. 11, 2021
Turrieta v. Lyft, Inc.
Because the state is the real party in interest in Private Attorneys General Act claims, named plaintiffs do not have standing to object to related PAGA settlements. 		Employment Law 2DCA/4 Oct. 4, 2021
Becerra v. The McClatchy Co.
Trial courts should not use Employment Development Department regulations to analyze whether newspaper carriers are employers or independent contractors. 		Employment Law 5DCA Oct. 4, 2021
Amaro v. Anaheim Arena Management
A class-action settlement was overbroad because it went beyond the factual allegations in the complaint and covered all claims relating to the legal theories of the complaint. 		Employment Law 4DCA/3 Sep. 30, 2021
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.