By Anthony J. Oncidi and Nayirie Kuyumjian
On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification for sex-based wage differentials under the federal Equal Pay
We invite you to review our newly-posted March 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018)
T.J. Simers, a well-known sports columnist for the Los Angeles Times, alleged disability and age discrimination and constructive discharge – Simers, who had suffered a “mini-stroke” from which he quickly recovered, quit his job after his column was suspended and he was reprimanded and demoted for a possible ethical
Alvarado v. Dart Container Corp. of Cal., 2018 WL 1146645 (Cal. S. Ct. 2018)
Hector Alvarado, who worked as a warehouse associate for Dart, is a member of a putative class of employees who, in addition to their normal hourly wages, received a $15 per day attendance bonus if they were scheduled to work on a Saturday or Sunday and did so, completing their
Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)
Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and Housing Act (“FEHA”), invasion of privacy, violation of the
Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018)
Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did he file an administrative complaint within 180 days of
Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018)
Bel Air Internet sued two of its former employees, Albert Morales and Flavio Delabra, for encouraging their fellow employees to quit and sue the company for alleged employment violations rather than sign a release of claims as Bel Air had requested. Bel Air sued Morales and Delabra for intentional interference with
Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017)
William Bustos sued his former employer for disability discrimination. A jury determined that Bustos’ actual or perceived physical condition was a substantial motivating reason for his termination, but nevertheless returned defense verdicts on all of his claims. After the trial, Bustos sought an award of his attorney’s fees under the Fair Employment
People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017)
Mahmoud Alzayat filed this qui tam action against his employer (Sunline Transit Agency) and his supervisor (Gerald Hebb), alleging a violation of the Insurance Frauds Prevention Act (“IFPA”) based upon allegedly false statements that Hebb made in an incident report submitted in response to Alzayat’s workers’ compensation claim and in a
Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018)
Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the demurrer, Wal-Mart removed the action to federal court