Tabarrejo v. Superior Court, 2014 WL 7335417 (Cal. Ct. App. 2014)
Manuel Tabarrejo was employed as a caregiver by Princess Retirement Homes, Inc. (“PRH”). After Tabarrejo left his employment with PRH, he filed a claim with the Labor Commissioner for unpaid wages and other wage-related claims and was awarded $131,096.77. PRH appealed the Labor Commissioner’s order and posted an undertaking as required by Cal.
Martinez v. Joe’s Crab Shack Holdings, 231 Cal. App. 4th 362 (2014)
Roberto Martinez and three other current or former employees of Joe’s Crab Shack (“JCS”) filed this putative class action asserting that they and similarly situated salaried managerial employees had been misclassified as exempt employees and were entitled to unpaid overtime and related wages. Plaintiffs alleged they worked more than 55 hours per
West Hollywood Cmty. Health & Fitness Ctr. v. CUIAB, 2014 WL 6852700 (Cal. Ct. App. 2014)
After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter indicating that Serban had been an employee (and not an independent contractor) and that
Ibarra-Hernandez v. Holder, 770 F.3d 1280 (9th Cir. 2014)
Gloria Ibarra-Hernandez, a native and citizen of Mexico, sought review of a final order of removal from the United States after the Board of Immigration Appeals (the “Board”) held that she was ineligible for cancellation of removal following her conviction for taking the identity of another in violation of Arizona state law. Ibarra-Hernandez admitted at
California continues to be perhaps the most pro-employee state in the country and is well known for its ever more restrictive labor and employment laws. Here is an interesting recent blog post by The Federalist (“The Eight Most Horrible Features of California Labor Law”) that describes some of the Golden State’s more problematic employment restrictions and helps explain the “Flight to Texas” that is occurring
Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014)
Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of email messages it had relating to one of Navalimpianti’s former employees, Matteo Negro. Prior to initiating this action against Google in state court in California, Navalimpianti sued Negro and other former employees in state court in Florida for various breaches of duty pursuant
Kao v. The University of San Francisco, 229 Cal. App. 4th 437 (2014)
Dr. John S. Kao was a tenured professor at USF who submitted a 485-page complaint (plus a 41-page addendum) to the university alleging race-based discrimination and harassment at the school. Kao was not satisfied with the university’s two-page response, which he said did not offer any remedies for the problems he
After one of the owners of Jon Davler, Inc. (Christina Yang) found a used sanitary napkin in the women’s bathroom and blood around the toilet seat, she started yelling at the employees that they were “dirty” and demanded to know which of them was on her menstrual period. When the employees
Graciela Hernandez de Martinez, a native and citizen of Mexico, petitioned for review of a final order of removal from the United States. The Board of Immigration Appeals held that she was statutorily ineligible for cancellation of removal because of her conviction for violation of an Arizona statute prohibiting
Deputy Daniel Lobo, a San Bernardino County deputy sheriff, was killed as a result of the allegedly negligent operation of a motor vehicle by Luis Del Rosario, who was leaving the premises of his employer (Tamco) to go home at the time of the collision. A jury returned a special verdict that