California Employment Law Update

Category Archives: Employment Law Notes

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March 2017 California Employment Law Notes

We invite you to review our newly-posted March 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Routine Hugging Over 12-Year Period May Have Caused Hostile Work Environment; Racial Harassment Claim Based On Comments Made During “Creative Process” Was Properly Dismissed; Employer May Have … Continue Reading

January 2017 California Employment Law Notes

We invite you to review our newly-posted January 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: $90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods; Security Guard Class Action Should Not Have Been Decertified; Discrimination Claims … Continue Reading

October 2016 California Employment Law Notes

We invite you to review our newly-posted October 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Minimum Wage Increases; Equal Pay Act Expanded; No Disclosure Of Juvenile Criminal History Required (Including Rape And Murder); California Employees Guaranteed Access … Continue Reading

September 2016 California Employment Law Notes

We invite you to review our newly-posted September 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Strikes Down Employer’s Class Action Waiver; Prompt Final Pay Provisions Of California Labor Code Apply To Retiring Employees; Race Discrimination Claim Was Not Barred … Continue Reading

July 2016 California Employment Law Notes

We invite you to review our newly-posted July 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Is Entitled To Recover $4 Million In Attorney’s Fees From EEOC; Former Employee Who Accessed Employer’s Computers Was Properly Imprisoned; Outside Counsel’s Investigation Of Sexual … Continue Reading

May 2016 California Employment Law Notes

We invite you to review our newly-posted May 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Who Needed To Assist Disabled Son Could Proceed With “Associational Disability Discrimination” Claim; Employees Are Entitled To Suitable Seating If The Tasks Being Performed Reasonably … Continue Reading

March 2016 California Employment Law Notes

We invite you to review our newly-posted March 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Nuclear Plant Maintenance Manager’s Whistleblower Claim Was Properly Dismissed; Employer Was Entitled To Obtain Reimbursement Of Short-Term Employee’s Training Costs; Department Of Labor’s Rule Extending Tip … Continue Reading

January 2016 California Employment Law Notes

We invite you to review our newly-posted January 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department; Former HR Manager Could Proceed With FLSA Retaliation Claim; Employee Could Proceed With Wrongful … Continue Reading

November 2015 California Employment Law Notes

We invite you to review our newly-posted November 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Paid Sick Leave Law Is Amended; E-Verify Use Is Restricted; Grocery Workers Protections Clarified; Labor Commissioner’s Enforcement Capabilities Expanded; PAGA Cure Period Provided; Retaliation … Continue Reading

September 2015 Employment Law Notes

We invite you to review our newly-posted September 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: The Word “Alien” Is Stricken From The California Labor Code (SB 432); Grocery Workers Must Be Given Preferential Treatment Following a “Change In Control” (AB 359); Employment Protections For … Continue Reading

July 2015 California 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”

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

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

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!)

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

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

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

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

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

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

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

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
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