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:
SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011)
US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards in violation of various Cal-OSHA regulations. After one of
NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011)
NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device (“TMRD”), which NewLife had purchased approximately one year before the termination. In connection with its purchase of the TMRD, NewLife had obtained a non-compete covenant, which prohibited Weinstock from competing for five years after the termination of
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 2005 for stopping payment of his disability benefits. In
Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (2011)
Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of contract. Although Pitts claimed only $88 in damages for
Plancich v. UPS, Inc., 198 Cal. App. 4th 308 (2011)
Larry Plancich sued UPS for failure to pay overtime, meal and rest breaks; failure to keep, maintain and furnish accurate wage statements, and unfair competition, among other claims. The trial court ruled in favor of UPS on the unfair competition claim and a jury found in favor of UPS on the remaining claims. The
Zelasko-Barrett v. Brayton-Purcell, LLP, 198 Cal. App. 4th 582 (2011)
Following his graduation from law school but before he had passed the California bar examination, Matthew Zelasko-Barrett worked for the law firm of Brayton-Purcell, LLP as a Law Clerk II. After his voluntary departure from the firm, Zelasko-Barrett filed this lawsuit claiming he was misclassified as an exempt employee while he worked for the
Pantoja v. Anton, 198 Cal. App. 4th 87 (2011)
Lorraine Pantoja sued attorney Thomas J. Anton and his firm for wrongful termination, violation of the Fair Employment and Housing Act (“FEHA”), battery, sexual battery and intentional infliction of emotional distress. By the time of the trial, only the FEHA claims remained. In their motions in limine, defendants sought to exclude any reference to the
Martin v. Inland Empire Utilities Agency, 198 Cal. App. 4th 611 (2011)
Dean Martin, who worked as the executive manager of finance and administration of the municipal water district for the City of Chino, alleged retaliation, racial and age discrimination and harassment, defamation and constructive wrongful termination. In response, defendants filed a demurrer and an anti-SLAPP (“strategic lawsuit against public participation”) motion. The trial
Rogers v. County of Los Angeles, 198 Cal. App. 4th 480 (2011)
After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in the executive office responsible for rendering administrative and other support services to the Los Angeles County Board of Supervisors. During her LOA, Rogers’ doctor told her that she could not perform her duties because