California Employment Law Update

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Prompt Final Pay Provisions Of California Labor Code Apply To Retiring Employees

McLean v. State of Cal., 2016 WL 4395672 (Cal. S. Ct. 2016) Janis McLean, a retired deputy attorney general, filed suit against the State of California on behalf of herself and a class of former state employees who, having resigned or retired, did not receive their final wages within the time period set forth in … Continue Reading

Employer Is Entitled To Recover $4 Million In Attorney’s Fees From EEOC

CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) The EEOC filed suit against CRST (a trucking company) alleging that over 250 female employees and prospective employees had been subjected to sexual harassment. However, the district court dismissed all of the claims on various grounds, including that the EEOC had … Continue Reading

Trial Court Improperly Failed To Certify Class Action For Unpaid Overtime

Alberts v. Aurora Behavioral Health Care, 2015 WL 6121981 (Cal. Ct. App. 2015) Valerie Alberts and others, formerly employed as members of the nursing staff at two acute care psychiatric hospitals owned and operated by Aurora, claimed that Aurora’s uniform practices and de facto policies routinely denied nursing staff employees their meal and rest periods … Continue Reading

Employees Who Allegedly Breached Employer’s Computer Use Policies Did Not Violate CFAA

SunPower Corp. v. SunEdison, Inc., 2015 WL 5316333 (N.D. Cal. 2015) Three former employees of SunPower were sued for allegedly breaching SunPower’s computer use policies by accessing files while they were still employed by SunPower that they allegedly later provided to their new employer (SunEdison). SunPower alleged that defendants violated the federal Computer Fraud and … Continue Reading

Terminated Actress Was Not Required To Exhaust Administrative Remedies Before Suing For Retaliation

Sheridan v. Touchstone Television Prods., LLC, 2015 WL 6153287 (Cal. Ct. App. 2015) Nicollette Sheridan sued Touchstone after her contract on Desperate Housewives was not renewed, alleging that her termination was in retaliation for her complaint about a battery allegedly committed by show creator Marc Cherry. The trial court sustained Touchstone’s demurrer to the complaint … Continue Reading

Court Affirms $118,000 Verdict In Favor Of Fired Employee Who Reported A Crime To The Police

Cardenas v. M. Fanaian, D.D.S., Inc., 240 Cal. App. 4th 1167 (2015) Rosa Lee Cardenas was terminated from her employment as a dental hygienist after she made a report to the police department that a coworker may have stolen her wedding ring at her workplace. Cardenas sued her employer (Dr. Fanaian) on the grounds that … Continue Reading

LAPD Requirement That Training Costs Be Reimbursed Violates Labor Code

In re Acknowledgement Cases, 239 Cal. App. 4th 1498 (2015) The City of Los Angeles requires all newly hired police officers to attend and graduate from the Los Angeles Police Academy. After the city realized that many officers who graduated from the academy were leaving within a few years to join other law enforcement agencies, … Continue Reading

EEOC Is Entitled To More Information From Employer In Connection With Sex Discrimination Case­

EEOC v. McLane Co., 2015 WL 6457965 (9th Cir. 2015) Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after s­­he tried to return to her job following maternity leave, her employer (McLane Co.) informed her that she could not come back to the … Continue Reading

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination based on protected characteristics in the “selection, termination, training or other terms” of unpaid interns. A.B. 1443 also prohibits harassment of unpaid interns based on protected characteristics, … Continue Reading

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer.  After terminating his employment with Sonic, Moreno filed an administrative wage claim with the Labor Commissioner for unpaid vacation pay.  Filing such a claim is the first step toward obtaining a “Berman” … Continue Reading

ABA Blawg 100 Amici (100 best legal blogs)

The ABA is taking nominations for its annual list of the 100 best legal blogs, and we’d appreciate it if you’d mention ours if you read it regularly and think others might benefit from it.  “Friends-of-the-blawg briefs” are due no later than Friday, Aug. 9.  Here’s the information from the ABA and a link to … Continue Reading

November 2012 California Employment Law Notes

We 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
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