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Category Archives: Employment Law Notes

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July 2015 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted July 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability” Muslim Applicant Can Proceed With Religious Discrimination Lawsuit Unpaid Interns Who Are “Primary Beneficiaries” Of… Continue Reading

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Posted in Employment Law Notes

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that she was stressed because of interactions at work with human resources and her manager. Her physician diagnosed Higgins-Williams with “adjustment disorder with anxiety,” and Sutter… Continue Reading

Independent Contractor Can Proceed With Sexual Harassment Claim Against City

Posted in Employment Law Notes

Hirst v. City of Oceanside, 236 Cal. App. 4th 774 (2015) Kimberli Hirst, an employee of American Forensic Nurses, Inc., sued the City of Oceanside after she was allegedly sexually harassed by an Oceanside police officer while providing phlebotomist services on behalf of the Oceanside Police Department. A jury awarded Hirst $1.5 million, which the… Continue Reading

Unpaid Interns Who Are “Primary Beneficiaries” Of The Relationship Are Not Employees Under The FLSA

Posted in Employment Law Notes

Glatt et al. v. Fox Searchlight Pictures, Inc. et al., 2015 WL 4033018 (2d Cir. 2015) Plaintiffs Eric Glatt and Alexander Footman were retained as unpaid interns on the Fox Searchlight-distributed film Black Swan; Plaintiff Eden Antalik interned at Fox Searchlight’s corporate offices in New York City. Glatt and Footman sued for unpaid wages (minimum… Continue Reading

Department of Corrections Did Not Discriminate Against Male Applicants By Hiring Female Guards In Women’s Prisons (Orange Really Is The New Black!)

Posted in Employment Law Notes

Teamsters Local Union No. 117 v. Washington Dep’t of Corrections, 2015 WL 3634711 (9th Cir. 2015) In the face of repeated instances of sexual abuse and misconduct by prison guards in its women’s prisons, the state of Washington determined that a primary driver was the lack of female correctional officers to oversee female offenders and… Continue Reading

Malicious Prosecution Action Against Employer’s Law Firm Was Properly Dismissed

Posted in Employment Law Notes

Parrish v. Latham & Watkins LLP, 2015 WL 3933988 (Cal. Ct. App. 2015) In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corp. (collectively, “FLIR”) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (the “Former Employees”), for, among other things, misappropriation of trade secrets. The Former Employees defeated the claims… Continue Reading

Facebook User’s Criminal Conviction For Making Threats Against Wife, Co-Workers And Others Is Reversed

Posted in Employment Law Notes

Elonis v. United States, 575 U.S. ___, 135 S. Ct. 2001 (2015) Anthony Douglas Elonis (aka “Tone Dougie”) posted on Facebook various self-styled rap lyrics containing graphically violent language and imagery concerning his wife (who had left him), co-workers, a kindergarten class and state and federal law enforcement. Although Elonis interspersed his posts with disclaimers… Continue Reading

False Claims Act Lawsuit Was Partially Barred By Statute Of Limitations But Not First-To-File Rule

Posted in Employment Law Notes

Kellogg Brown & Root Servs., Inc. v. United States ex rel. Carter, 575 U.S. ___, 135 S. Ct. 1970 (2015) Petitioners were employed by defense contractors that provided logistical services to the United States military during the armed conflict in Iraq. They filed a qui tam complaint against various defense contractors, alleging the contractors had… Continue Reading

Employee Who Was Fired For Attempting To Buy Shoes For A Friend At Company Expense Was Entitled To Unemployment Benefits

Posted in Employment Law Notes

Robles v. Employment Dev. Dep’t, 236 Cal. App. 4th 530 (2015) Jose Robles had a $150 shoe allowance that he attempted to use for a friend who needed shoes. When his employer found out, Robles was fired and was subsequently denied unemployment benefits for willfully disregarding his employer’s interests. In a prior appeal from the… Continue Reading

Texas Choice Of Forum and Choice Of Law Provisions Violated California Public Policy

Posted in Employment Law Notes

Verdugo v. Alliantgroup, L.P., 237 Cal. App. 4th 141 (2015) Rachel Verdugo, an associate director in the Irvine office of Alliantgroup, filed this putative class action against her employer for various violations of the California Labor Code governing overtime compensation, meal and rest breaks, vacation pay, the Private Attorneys General Act and accurate wage statements…. Continue Reading

PAGA Plaintiff Was Properly Denied Names And Contact Information Of Statewide Employees

Posted in Employment Law Notes

Williams v. Superior Court, 236 Cal. App. 4th 1151 (2015) Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide… Continue Reading

There Is No Private Right Of Action For Misclassification Of Individual As An Independent Contractor

Posted in Employment Law Notes

Noe v. Superior Court, 237 Cal. App. 4th 316 (2015) Several vendors who sold food and beverages at various entertainment venues in southern California sued for failure to pay minimum wage and willfully misclassifying them as independent contractors in violation of Cal. Lab. Code § 226.8. In this opinion, the Court of Appeal held that… Continue Reading

March 2015 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted March 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated; Disability Discrimination Claims Were Properly Dismissed On Summary Judgment; Applicant Could Proceed With Race Discrimination… Continue Reading

January 2015 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted January 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: $300,000 in Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award; Employee Who Was Sued By Former Employer Collects $271,000 From Employer; School Teacher With… Continue Reading

November 2014 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted November 2014 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Google Required To Produce Emails In Response To Former Employer’s Subpoena; University Professor Was Properly Terminated For Refusing Fitness-For-Duty Exam; Liability For Employer’s Harassment, False Imprisonment… Continue Reading

September 2014 Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted September 2014 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Franchisor Is Not Liable For Franchisee’s Alleged Sexual Harassment Of Its Employee, Employer Properly Deducted Hours From Exempt Employee’s Leave Bank, Police Officer’s ADHD Was Not A Disability… Continue Reading

July 2014 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted July 2014 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: “Unauthorized Alien” Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit Employee Was Properly Limited To Just One Theory Of Age Discrimination At Trial Male Deputies Prohibited… Continue Reading

May 2014 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted May 2014 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Male Employee’s Sexual Harassment Claims Should Not Have Been Dismissed Employee’s Sexual Harassment Lawsuit Was Not Barred By Shortened Statute Of Limitations Court Should Not Consider Merits… Continue Reading

March 2014 California Employment Law Notes

Posted in Attorney's Fees, Class Actions, Collective Bargaining, Employment Law Notes, FEHA, FMLA, Harassment, Kin Care, Leaves of Absence, Overtime, Privacy, Retaliation, Sexual Harassment, Wage and Hour, Whistleblowers, Wrongful Termination

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to… Continue Reading

January 2014 California Employment Law Notes

Posted in Employment Law Notes

TV Station’s Failure To Hire Weather News Anchor Was Protected By Free Speech Rights Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) Kyle Hunter sued CBS Broadcasting for age and gender discrimination after it refused to hire him as a weather news anchor. Hunter alleged that CBS “repeatedly shunned him for numerous… Continue Reading

November 2013 California Employment Law Notes

Posted in Employment Law Notes

Employer Was Entitled To “Substantial Motivating Factor” Jury Instruction Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) In one of the first appellate opinions to consider the new jury instructions required for employment discrimination cases as set forth by the California Supreme Court in Harris v. City of Santa Monica, 56 Cal. 4th… Continue Reading

September 2013 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly-posted September 2013 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer May Be Liable For Death Resulting From Drunk Employee’s Automobile Accident Prevailing Employer Entitled To Recover Its Costs In Discrimination Case Discrimination Claims Were Barred… Continue Reading