Avidor v. Sutter’s Place, Inc., 212 Cal. App. 4th 1439 (2013) Haim Avidor is the lead plaintiff in this putative class of current and former card dealers employed by Sutter’s Place, a cardroom/casino located in San Jose (“Bay 101″). Bay 101 required its dealers to contribute a set amount of the gratuities they received from… Continue Reading
Category Archives: Employment Law Notes
Subscribe to Employment Law Notes RSS FeedReporters’ Class Action For Unpaid Overtime Should Not Have Been Certified
Posted in Employment Law NotesWang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to… Continue Reading
Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party
Posted in Employment Law NotesRodriguez v. Oto, 212 Cal. App. 4th 1020 (2013) Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of the accident, Oto was driving from an event related to his employment. (Oto was driving a car he rented from Hertz, the cost of which… Continue Reading
Employee Could Proceed With Whistleblower Claims
Posted in Employment Law NotesMcVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013) Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for recycled materials. McVeigh asserted claims under the California False Claims Act and… Continue Reading
Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed
Posted in Employment Law NotesMcGrory v. Applied Signal Tech., 212 Cal. App. 4th 1510 (2013) John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human resources made to another employee about why McGrory had been terminated…. Continue Reading
Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted
Posted in Defamation, Employment Law Notes, Sexual HarassmentAber v. Comstock, 212 Cal. App. 4th 931 (2013) Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he alleged defamation and intentional infliction of emotional distress. In response to Comstock’s cross-complaint,… Continue Reading
Store Manager’s Disability And Harassment Claims Were Properly Dismissed
Posted in Disability, Discrimination, Employment Law NotesLawler v. Montblanc N. Am., LLC, 704 F.3d 1235 (9th Cir. 2013) Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary judgment in favor of Montblanc, and the Ninth Circuit Court of Appeals affirmed, holding that Montblanc had… Continue Reading
Employee Who Exhausted Four Months Of Pregnancy Leave Was Entitled To Further Disability Leave
Posted in Employment Law NotesSanchez v. Swissport, Inc., 2013 WL 635266 (Cal. Ct. App. 2013) In a case of first impression, the California Court of Appeal determined in this case whether an employee who has exhausted all permissible leave (four months) under the California Pregnancy Disability Leave Law (“PDLL”) may state a claim for failure to accommodate a disability… Continue Reading
California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases
Posted in Employment Law NotesHarris v. Superior Court, 56 Cal. 4th 203 (2013) Wynona Harris alleged her employment was terminated by the City of Santa Monica because of her pregnancy in violation of the California Fair Employment and Housing Act. The city claimed Harris had been fired for poor job performance – she had two preventable traffic accidents and… Continue Reading
January 2013 California Employment Law Notes
Posted in Employment Law NotesWe invite you to review our newly-posted January 2013 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld $114,000 Pregnancy Discrimination Award Is Reversed Based On Erroneous Jury… Continue Reading
Certification Was Properly Denied In Class Action Seeking Reimbursement From Employer
Posted in Class Actions, Employment Law Notes, Employment Policies, Expense ReimbursementMorgan v. Wet Seal, Inc., 210 Cal. App. 4th 1341 (2012) Crystal Morgan and two other former employees sued Wet Seal because the company allegedly required employees to purchase Wet Seal clothing and merchandise as a condition of employment and also failed to reimburse employees for their mileage between Wet Seal business locations. The trial… Continue Reading
Trial Court Erred In Failing To Certify Class Action For Unpaid Overtime And Meal-And-Rest Breaks
Posted in Class Actions, Employment Contracts, Employment Law Notes, Independent Contractors, Meal Periods and Rest Breaks, Off-the-clock IssuesBradley v. Networkers Int’l, LLC, 2012 WL 6182473 (Cal. Ct. App. 2012) The three named plaintiffs in this case were among approximately 140 skilled workers retained by Networkers to provide repair and installation services at cell sites. Each worker was required to sign a standard contract, which stated that he or she was an independent… Continue Reading
Police Officer Who Had Heart Attack Could Not Perform Essential Functions Of Administrative Job
Posted in Disability, Discrimination, Employment Law Notes, FEHALui v. City and County of San Francisco, 211 Cal. App. 4th 962 (2012) After suffering a major heart attack, Kenneth Lui retired from his position as a police officer with the San Francisco Police Department. After the Department informed him there were no administrative positions available that did not require him to perform the… Continue Reading
Wrongful Termination Claim Was Properly Dismissed Based Upon Employee’s Ineligibility For Family Leave
Posted in Employment Law Notes, FMLAOlofsson v. Mission Linen Supply, 2012 WL 6200336 (Cal. Ct. App. 2012) Lars Olofsson was a regular route driver for Mission Linen when he informed the plant manager (Jack Anderson, Sr.) that he needed seven weeks off from work to care for his elderly mother in Sweden who was recuperating from back surgery. Anderson told… Continue Reading
$125,000 Verdict And $550,000 Fee Award Affirmed For Negligent Supervision And Violation Of Civil Code § 51.7 (Freedom From Violence)
Posted in Employment Law Notes, Workers Compensation, Workplace ViolenceVentura v. ABM Indus., Inc., 2012 WL 6636255 (Cal. Ct. App. 2012) Sylvia Ventura worked as a janitor for ABM. Ventura alleged a history of harassment and an act of violence by her supervisor, Carlos Manzano, and ratification by ABM. The jury awarded Ventura $100,000 in compensatory damages for past mental suffering. The trial court… Continue Reading
$114,000 Pregnancy Discrimination Award Is Reversed Based On Erroneous Jury Instructions
Posted in Discrimination, Employment Law Notes, Wrongful TerminationVeronese v. Lucasfilm Ltd., 2012 WL 6628544 (Cal. Ct. App. 2012) Julie Gilman Veronese sued Lucasfilm on a number of theories, including pregnancy discrimination, failure to prevent pregnancy discrimination and wrongful termination in violation of public policy. Following 11 days of trial and three days of deliberation, the jury returned a verdict in favor of… Continue Reading
$1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld
Posted in Employment Contracts, Employment Law NotesFaigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) Alan W. Faigin worked as an in-house attorney for Fremont General Corporation (which later became Signature Group Holdings) for 17 years before his employment was terminated for cause in March 2008. Faigin sued Fremont based on a number of theories, including breach of… Continue Reading
November 2012 California Employment Law Notes
Posted in Employment Law Notes, UncategorizedWe invite you to review our newly-posted November 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: “A Motivating Reason” Jury Instruction Is Upheld In Pregnancy Discrimination Case Wrongful Termination Claim Based Upon Workers’ Compensation Filing Was Properly Dismissed Minimal Allegations… Continue Reading
Employee Was Bound By Stipulated Injunction That Prohibited His Solicitation Of Customers
Posted in Employment Law Notes, Trade SecretsWanke, Indus., Commercial, Residential, Inc. v. Superior Court, 209 Cal. App. 4th 1151 (2012) In an underlying lawsuit, Wanke sued its former employees Scott Keck and Jacob Bozarth for misappropriation of trade secrets, among other things. That lawsuit was settled, and the parties agreed to a stipulated injunction pursuant to which Keck, Bozarth and their… Continue Reading
Trial Court Erred In Part In Failing To Certify Class Of Newspaper Home Delivery Carriers
Posted in Class Actions, Employment Law NotesAyala v. Antelope Valley Newspapers, Inc., 2012 WL 4098995 (Cal. Ct. App. 2012) Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees… Continue Reading
Employer Permitted To Proceed With Defense Of Class Action Based On “Rounding” Policy
Posted in Employment Law Notes, Wage and HourSee’s Candy Shops, Inc. v. Superior Court, 2012 WL 5305729 (Cal. Ct. App. 2012) Pamela Silva sued her former employer, See’s Candy, for various wage-and-hour violations. After certifying a class of current and former California employees, the trial court granted Silva’s motion for summary adjudication on four of See’s Candy’s affirmative defenses. In a writ… Continue Reading
Employer Is Entitled To Recover Its Fees As Prevailing Party In Reporting Time Pay Case
Posted in Employment Law Notes, Wage and HourAleman v. AirTouch Cellular, 209 Cal. App. 4th 556 (2012) Two members of a putative class appealed from a trial court order granting summary judgment against them. The Court of Appeal affirmed summary judgment on the ground that the employee was not entitled to receive reporting time pay for attending meetings at work because all… Continue Reading
Former CEO’s Qui Tam Action Was Improperly Dismissed Under Anti-SLAPP Statute
Posted in Employment Law Notes, InsurancePeople ex rel. Strathmann v. Acacia Research Corp., 2012 WL 5233520 (Cal. Ct. App. 2012) Michael Strathmann filed a qui tam complaint against his former employer Acacia in which he alleged insurance fraud. In response, Acacia filed a special motion to strike the complaint pursuant to the anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16),… Continue Reading
Summary Judgment Was Properly Granted In Race Discrimination Case
Posted in Discrimination, Employment Law NotesBatarse v. Service Employees Int’l Union, 209 Cal. App. 4th 820 (2012) Ray Batarse sued the SEIU for race discrimination, among other things, associated with the termination of his employment. The trial court granted the employer’s motion for summary judgment based upon Cal. Code Civ. Proc. § 437c(b)(3) because of Batarse’s failure to include a… Continue Reading