Gonzalez v. Kalu, 140 Cal. App. 4th 21 (2006) Gabriela Gonzalez, who worked as a cleaner for a building maintenance company, hired an attorney to represent her in a matter involving a possible sexual harassment claim against her employer. The attorney sent a letter to Gonzalez’s employer asserting the employer’s liability, threatening to file a… Continue Reading
Monthly Archives: July 2006
Major League Baseball Did Not Violate Title VII By Providing Benefits To Former Negro League Players
Posted in Employment Law NotesMoran v. Selig, 447 F.3d 748 (9th Cir. 2006) Seeking to make partial amends for its exclusion of African-American baseball players prior to 1947 (when Jackie Robinson “broke the color barrier”), MLB voluntarily decided to provide certain benefits, including medical coverage and a supplemental income plan, to qualifying African-Americans players who had been in the… Continue Reading
Court Enforces New York Forum Selection Clause
Posted in Employment Law NotesOlinick v. BMG Entertainment, 138 Cal. App. 4th 1286 (2006) Martin Olinick, a lawyer who is admitted to practice both in New York and California, began working for BMG’s predecessor, RCA Records in New York in 1971. In the last of a series of 3-year employment agreements between the parties, Olinick and BMG executed an… Continue Reading
Casino Did Not Discriminate Against Female Employee Who Was Fired For Refusing To Wear Makeup
Posted in Employment Law NotesJespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir. 2006) (en banc) Darlene Jespersen, a former bartender in the sports bar at Harrah’s Casino in Reno, filed this Title VII action, alleging the casino had discriminated against her on the basis of her sex when she was fired for refusing to comply with the… Continue Reading
Car Dealership Was Liable For Injuries Caused By Employee Who Was On A Personal Errand
Posted in Employment Law NotesTaylor v. Roseville Toyota, Inc., 138 Cal. App. 4th 994 (2006) Derrick Lewis, a car detailer employed by Roseville Toyota, was driving a car owned by the dealership and was on a personal errand during his lunch break when he rear-ended another car that was stopped at a stoplight. The jury concluded that although Lewis… Continue Reading
Primary Employer Was Liable For OSHA Violation For Failure To Have Injury Prevention Program
Posted in Employment Law NotesSully-Miller Contracting Co. v. California OSHA Bd., 138 Cal. App. 4th 684 (2006) Sully-Miller, an asphalt-paving company, leased one of its employees, Jeff Moreno, to Manhole Adjusting, Inc., as a roller operator. While working at Manhole’s worksite, Moreno was fatally injured when he was thrown from the roller because it lacked an operable seatbelt. OSHA… Continue Reading
Temporary County Employee Was Not Discriminated Against On The Basis Of Her Disability
Posted in Disability, Employment Law NotesJenkins v. County of Riverside, 138 Cal. App. 4th 593 (2006) Evelyn Jenkins worked as a full-time “Office Assistant II” for the County for six years before her employment was terminated. During the entire six years, Jenkins was classified as a “temporary employee.” After taking a workers’ compensation leave of absence and having surgery for… Continue Reading
Employee Who Received Settlement For Defamation Claims Was Liable For Back Taxes
Posted in Employment Law NotesPolone v. CIR, 499 F.3d 1041 (9th Cir. 2006) Gavin Polone sued his former employer, United Talent Agency, alleging, among other things, wrongful termination and defamation. In settlement of the defamation claim, Polone agreed to accept $4 million in four equal, six-month installments, beginning on May 3, 1996. Congress amended Section 104 of the Internal… Continue Reading
Names And Addresses Of Putative Plaintiffs In Class Action Are Protected By Privacy Rights
Posted in Employment Law Notes, PrivacyTien v. Superior Court, 139 Cal. App. 4th 528 (2006) In this wage and hour class action litigation against Tenet Healthcare Corporation, plaintiffs sought from Tenet the names, addresses and telephone numbers of all of the putative members of the class, which Tenet estimated to be approximately 50,000 people. The parties subsequently agreed that a… Continue Reading
New York Federal Court Enjoins California Employee From Competing With His Former Employer
Posted in Employment Law NotesThe Estée Lauder Companies Inc. v. Batra, 430 F. Supp. 2d 158 (S.D.N.Y. 2006) While working as Global General Brand Manager for Estée Lauder, Shashi Batra (a resident of San Francisco) signed a non-compete agreement that prohibited him from competing with the company anywhere in the world for a period of 12 months after his… Continue Reading
“Friends” Typist Was Not Subjected To Hostile Environment Sexual Harassment
Posted in Employment Law NotesLyle v. Warner Bros. Television Productions, 38 Cal. 4th 264 (2006) Amaani Lyle was terminated after four months of working as a typist in the writers’ room of the producers of the television show “Friends.” Following her termination because she could not type (contended the producers), Lyle asserted, among other things, that she had been… Continue Reading
Receptionist Whose Job Was Filled While She Was On A 7-Month “Stress Leave” Was Not Discriminated Against
Posted in Employment Law NotesWilliams v. Genentech, 139 Cal. App. 4th 357 (2006) Rochelle Williams, a receptionist at Genentech, was criticized by her supervisors for mishandling an incident involving company security. (Instead of following the company’s established procedure for dealing with a security alert, Williams spoke to a security officer in a “code of her own devise” – “Hurry… Continue Reading