Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012)
Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted five unplanned absences of unlimited duration and other
United States v. Nosal, 676 F.3d 854 (2012) (en banc)
In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their employer’s computer system for the purpose of defrauding Korn/Ferry
Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012)
In this long-awaited opinion, the California Supreme Court determined several important issues of law regarding meal and rest breaks. First and foremost, the Supreme Court determined that “an employer’s obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he
We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Ruiz v. Affinity Logistics Corp., 667 F.3d 1318 (9th Cir. 2012)
Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers’ compensation insurance and unfair business practices. To work for Affinity, the drivers had to enter into an
Duran v. U.S. Bank Nat’l Ass’n, 203 Cal. App. 4th 212 (2012)
U.S. Bank (“USB”) appealed a $15 million judgment that was entered against it following a bifurcated bench trial. The plaintiffs are 260 current and former business banking officers who claimed they were misclassified by USB as outside sales personnel exempt from overtime pay. The Court of Appeal agreed with USB that the
Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012)
Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of $358,588 and awarding Thurman restitution in the amount of
Shelley v. Geren, 666 F.3d 599 (9th Cir. 2012)
After Devon Scott Shelley applied for but was not promoted to be Chief of Contracting for the Army Corps of Engineers, he filed this lawsuit alleging age discrimination in violation of the Age Discrimination in Employment Act. The district court granted summary judgment to the Corps based upon the Supreme Court’s opinion in Gross v.
Joaquin v. City of Los Angeles, 202 Cal. App. 4th 1207 (2012)
Richard Joaquin alleged his employment as an LAPD officer was terminated in retaliation for his having filed a sexual harassment complaint against his supervisor, Sgt. James Sands. The case was tried to a jury and Joaquin was awarded more than $2.1 million in damages. On appeal, the city asserted that Joaquin had
Mize-Kurzman v. Marin Cmty. Coll. Dist., 202 Cal. App. 4th 832 (2012)
Pamela Mize-Kurzman, who had been promoted to Dean of Enrollment Services as part of a settlement of a previous lawsuit against the district, claimed the district retaliated against her for disclosing what she believed to be violations of the law or regulations to various individuals and entities. Mize-Kurzman went to trial against