Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011)
Marcela Fuentes worked as a part-time customer service representative (cashier) for AutoZone. Fuentes alleged that two managers (Melvin Garcia and Gonzalo Carrillo) had spread rumors that Fuentes had sexually transmitted herpes; that she and a coworker were engaged in a sexual relationship; and that she could make more money working as a stripper. On
Employee-Attorney’s $440,000 Verdict Against LA Housing Authority Is Affirmed
Cordero-Sacks v. Housing Authority of Los Angeles, 200 Cal. App. 4th 1267 (2011)
Ada Cordero-Sacks was terminated from her position as an attorney in the Los Angeles Housing Authority’s Office of Internal Control following her investigation of alleged internal misconduct and fraud within the Authority. Cordero-Sacks’s claim for retaliatory discharge under the California False Claims Act (the “FCA”) was tried to a jury, which
Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative
Pirjada v. Superior Court, 201 Cal. App. 4th 1074 (2011)
Putative class representative Obaidul H. Pirjada filed a complaint on behalf of himself and a putative class of all security guards who had been employed in California by Pacific National Security, Inc. during the preceding four years. The complaint alleged a failure to provide meal-and-rest periods and various other wage-and-hour violations as well as
Insurance Claims Adjusters May Be Exempt Administrative Employees
Harris v. Superior Court, 53 Cal.4th 170 (2011)
Plaintiffs in this case are claims adjusters employed by two insurance companies. They filed four putative class actions, claiming they had been erroneously classified as exempt administrative employees and seeking damages based upon unpaid overtime. The court of appeal held as a matter of law that plaintiffs were non-exempt employees who were entitled to overtime pay.
City Of Redondo Beach’s Day Laborer Ordinance Is Unconstitutional
Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. 2011) (en banc)
In May 1987, the City of Redondo Beach adopted an ordinance that prohibits any person to “stand on a street or highway and solicit…employment, business, or contributions from an occupant of any motor vehicle.” In 2004, the city initiated the “Day Labor Enforcement Project” in
Ninth Circuit Recognizes Priests’ Privacy Interest In Their Personnel Files
In re Roman Catholic Archbishop of Portland, 657 F.3d 1008 (2011)
Documents that were produced in discovery and filed in the bankruptcy court contained allegations that Fathers “M” and “D” (two priests who were not parties to the Portland Archdiocese’s bankruptcy case) had sexually abused children. The bankruptcy court held that the discovery documents could be disclosed to the public because the public’s interest
Social Workers May Not Be “Learned Professionals” Who Are Exempt From The FLSA
Solis v. State of Washington, 656 F.3d 1079 (9th Cir. 2011)
The U.S. Secretary of Labor filed a complaint against the State of Washington’s Department of Social and Health Services (“DSHS”), alleging a violation of the Fair Labor Standards Act of 1938 (“FLSA”) based upon the DSHS’s classification of its social workers as “learned professionals” exempt from the FLSA’s overtime pay requirements. The district
Employee Was Not Entitled To Indemnity For Fees Incurred In Defending Against Employer’s Lawsuit
Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011)
Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and that Chen had diverted business opportunities away from Nicholas
Employee Failed To Prove Existence Of Severe Or Pervasive Sexual Harassment
Brennan v. Townsend & O’Leary Enter., Inc., 199 Cal. App. 4th 1336 (2011)
Stephanie Crowley Brennan sued her former employer and a manager who was not her supervisor (Scott Montgomery) for sexual harassment. A jury awarded Brennan $200,000 against the agency and $50,000 against Montgomery, but the trial court granted defendants’ motion for judgment notwithstanding the verdict and entered a judgment in their favor.
Ninth Circuit Applies Supreme Court’s “Rigorous Analysis” Test And Vacates Certification Of Class Action
Ellis v. Costco Wholesale Corp., 657 F.3d 970 (9th Cir. 2011)
In this appeal, Costco challenged the district court’s order granting class certification in an action in which Costco’s promotional practices were alleged to have discriminated against female employees. The district court’s order granting class certification preceded the United States Supreme Court’s opinion in Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011).