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California Employment Law Blog

Tag Archives: Statute of Limitations

Employee’s Sexual Harassment Lawsuit Was Not Barred By Shortened Statute Of Limitations

Posted in Employment Applications, FEHA

Ellis v. U.S. Sec. Assocs., 224 Cal. App. 4th 1213 (2014) When Ashley Ellis applied to work as a security guard for U.S. Security Associates, she signed an employment application that purported to limit the statute of limitations to six months for any employment-related claims. Later, Ellis claimed to have been sexually harassed by her… Continue Reading

Former Lockheed Engineer May Proceed With False Claims Act Lawsuit

Posted in Employment Law Notes, FCA, Wrongful Termination

Hooper v. Lockheed Martin Corp., 2012 WL 3124970 (9th Cir. 2012) Nyle J. Hooper brought suit against Lockheed Martin under the qui tam provisions of the False Claims Act (the “FCA”). Hooper filed suit in the District Court for the District of Maryland, which transferred the suit at Lockheed’s request to the Central District of… Continue Reading

September 2011 California Employment Law Notes

Posted in Employment Law Notes

We invite you to review our newly posted September 2011 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law.  The highlights include: Employee Who Provided False SSN and Other Information Was Barred from Suing for Disability Discrimination Employer Did Not Violate CFRA by Transferring Employee upon Her… Continue Reading

Section 1981 Claim Is Subject to Four-Year Statute of Limitations

Posted in Disability, Employment Law Notes, Retaliation

Johnson v. Lucent Techs. Inc., 653 F.3d 1000 (2011) In 2008, Russell H. Johnson, III, an African-American, sued Lucent and the administrator of his disability insurance benefits for retaliation in violation of Title VII, violation of 42 U.S.C. § 1981 and intentional infliction of emotional distress in retaliation for his filing suit against Lucent in… Continue Reading

ADA “Impliedly Amended” The National Bank Act’s Termination-at-Pleasure Clause

Posted in ADA, Disability, Employment Law Notes, FEHA

Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation of the Fair Employment and Housing Act. U.S. Bank obtained summary judgment from the trial court on the ground… Continue Reading

Sexual Harassment Claim Was Barred By Statute Of Limitations

Posted in Employment Law Notes, FEHA, Sexual Harassment

Trovato v. Beckman Coulter, Inc., 192 Cal. App. 4th 319 (2011) Irene Trovato, who was employed as a sales representative for Beckman Coulter, submitted a letter of resignation on May 14, 2007, with an effective date of May 25, 2007. On May 8, 2008, Trovato filed an administrative complaint against Beckman and her former supervisor,… Continue Reading

Supreme Court Clarifies Liability on Waiting Time Penalties

Posted in Class Actions, Payroll, Unfair Competition, Wage and Hour

On November 18, the California Supreme Court in Pineda v. Bank of America, No. S170758 (Cal. Nov. 18, 2010) (pdf) clarified two issues regarding so-called “waiting time penalties” (i.e., penalties under California Labor Code Section 203 associated with the late payment of final wages upon termination of employment). First, the Court ruled that a three-year statute… Continue Reading

Investor Permitted To Proceed With Breach Of Fiduciary Duty Claim Against NY Life

Posted in Employment Law Notes, Independent Contractors

Oravecz v. New York Life Ins. Co., 95 Cal. Rptr. 3d 1 (Cal. Ct. App. 2009) Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged… Continue Reading

Investor Permitted To Proceed With Breach Of Fiduciary Duty Claim Against NY Life

Posted in Employment Law Notes, Independent Contractors

Oravecz v. New York Life Ins. Co., 95 Cal. Rptr 3d 1 (Cal. Ct. App. 2009) Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged… Continue Reading

Statute Of Limitations Was Equitably Tolled While Employee Was Pursuing Administrative Remedy

Posted in Discrimination, Employment Law Notes, Retaliation

McDonald v. Antelope Valley Cmty. Coll. Dist., 45 Cal. 4th 88 (2008) Plaintiffs in this case alleged racial harassment, discrimination and retaliation against the District. The trial court granted summary judgment to the employer with regard to Sylvia Brown’s claims on the ground they were barred by the statute of limitations applicable to claims asserted… Continue Reading

Statute Of Limitations For Trade Secrets Claim Dates From Time Of Owner’s Knowledge

Posted in Employment Law Notes, Trade Secrets

Cypress Semiconductor Corp. v. Superior Court, 163 Cal. App. 4th 575 (2008) The trade secret owner in this case, Silvaco Data Systems, develops and licenses electronic design automation software. In late 1998, a former Silvaco employee, working for Circuit Systems, Inc. (“CSI”), incorporated Silvaco’s “SmartSpice” trade secrets into CSI’s product, “DynaSpice.” Silvaco sued the employee… Continue Reading

Physician’s Discrimination Claims Were Properly Dismissed

Posted in Discrimination, Employment Law Notes

Johnson v. Riverside Healthcare Sys., 516 F.3d 759 (9th Cir. 2008) Christopher Lynn Johnson alleged he was discriminated against on the basis of his race and sexual orientation and asserted claims under 42 U.S.C. § 1981, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. The district court granted defendants’ motion… Continue Reading

Pay Discrimination Claim Was Subject To 180-Day Statute Of Limitations

Posted in Employment Law Notes

Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 127 S. Ct. 2162 (2007) Lilly Ledbetter was employed by Goodyear for approximately 19 years at the company’s Gadsden, Alabama plant. After taking early retirement, Ledbetter commenced this action against Goodyear in which she alleged pay discrimination on the basis of gender in violation of… Continue Reading

Claim For Unpaid Meal Periods Is Subject To Three-Year Statute Of Limitations

Posted in Employment Law Notes

Murphy v. Kenneth Cole Productions, Inc., 2007 WL 1111233 (Cal. S. Ct. 2007) Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed… Continue Reading

Claims Arising From Employer’s Failure To Carry Workers’ Comp Were Subject To 3-Year Statute Of Limitations

Posted in Employment Law Notes

Valdez v. Himmelfarb, 144 Cal. App. 4th 1261 (2006) Elias Valdez alleged that he was injured in the course of his employment as a cook, janitor, dishwasher, and gardener at defendants’ Malibu restaurant. Valdez sued for personal injury, unfair competition, and declaratory relief based on defendants’ failure to carry workers’ compensation insurance as required by… Continue Reading

Manager Was Non-Exempt, And Meal/Rest Break Claims Were Subject To One Year Statute Of Limitations

Posted in Employment Law Notes

Murphy v. Kenneth Cole Productions, Inc., 134 Cal. App. 4th 728 (2005) Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed a… Continue Reading

Law Extending Statute Of Limitations For Tort Actions Is Not Retroactive

Posted in Employment Law Notes, New and Proposed Laws and Legislation

Krupnick v. Duke Energy Morro Bay, 115 Cal. App. 4th 1026 (2004) John Krupnick filed this personal injury action against Duke Energy Morro Bay on January 8, 2003 for injuries allegedly sustained on January 26, 2001. Duke filed a demurrer on the ground that the action was barred by the one-year statute of limitations of… Continue Reading

Employees Should Have Been Paid For Time Spent Getting Into And Out Of Protective Gear

Posted in Class Actions, Employment Law Notes, Exempt Employees, FLSA, Wage and Hour

Alvarez v. IBP, Inc., 339 F.3d 894 (9th Cir. 2003) Meat packing employees of IBP, Inc. (the world’s largest producer of fresh beef, pork and related products) filed a class action lawsuit alleging violations of the federal Fair Labor Standards Act (FLSA). The employees (all of whom were non-exempt from the overtime requirements of state… Continue Reading

Company Precluded From Recovering From Bank Following Employee Forgery

Posted in Employment Law Notes

Espresso Roma Corp. v. Bank of America, 100 Cal. App. 4th 525 (2002) Espresso Roma Corporation suffered losses of more than $330,000 when its former bookkeeper stole blank company checks, forged signatures and used the checks to pay for personal purchases. The bookkeeper concealed his actions by removing the forged checks from the bank statements… Continue Reading