Navarro v. Encino Motorcars, LLC, 845 F.3d 925 (9th Cir. 2017)
An amendment to the Fair Labor Standards Act (“FLSA”) exempts from its overtime requirements “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.” The U.S. Department of Labor (“DOL”) subsequently issued an opinion letter and amended its Field Operations Handbook to state that service advisors also
Silva v. See’s Candy Shops, Inc., 7 Cal. App. 5th 235 (2017)
The Court of Appeal held that the trial court properly granted summary judgment to See’s Candy as to the class-certified claims for failure to properly pay wages as a result of the employer’s rounding and grace-period policies, based on expert testimony that employees were paid for all of their work under See’s
Reynaga v. Roseburg Forest Prods., 847 F.3d 678 (9th Cir. 2017)
Efrain Reynaga and his son Richard Reynaga, who worked as millwrights for Roseburg Forest Products, were the only millwrights of Mexican descent at the company. Efrain alleged that during the course of his employment he was subjected to disparate treatment and a hostile work environment based on his race or national origin. Efrain
Atkins v. City of Los Angeles, 2017 WL 588127 (Cal. Ct. App. 2017)
A jury found that the City of Los Angeles violated the rights of five recruit officers of the LAPD under the Fair Employment and Housing Act when the Department terminated or constructively discharged them after they sustained injuries during training at the Police Academy. Judgment was entered for plaintiffs after the
Bareno v. San Diego Community College Dist., 7 Cal. App. 5th 546 (2017)
Leticia Bareno, who worked as an assistant at San Diego Miramar College, was terminated after she failed to return from a medical leave of absence that she took pursuant to the California Family Rights Act (“CFRA”). During the course of Bareno’s employment, she received several disciplinary warnings for, among other things, excessive
Mayes v. WinCo Holdings, Inc., 846 F.3d 1274 (9th Cir. 2017)
Katie Mayes worked at WinCo for 12 years in Idaho Falls, Idaho. During her last years at WinCo, she supervised employees on the night-shift freight crew. Mayes was fired for taking a stale cake from the store bakery to the break room to share with fellow employees and telling a loss prevention investigator that
Daniel v. Wayans, 2017 WL 526494 (Cal. Ct. App. 2017)
Pierre Daniel worked as an extra on a movie entitled “A Haunted House 2,” which Marlon Wayans wrote, produced and starred in. Daniel sued Wayans and others, alleging that during his one day of work on the movie he was compared to a “Black cartoon character” and was called “nigga.” Wayans moved to strike
Zetwick v. County of Yolo, 2017 WL 710476 (9th Cir. 2017)
Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things, greeting her and other female employees with unwelcome hugs on more than 100 occasions and a kiss at least once
California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are scheduled to take effect on July 1, 2017, largely follow the EEOC’s 2012 Enforcement Guidance.
In addition to the new FEHC regulations and existing California law, which already limits employers’ use of criminal records when
San Jose is the third northern California city to enact a scheduling ordinance that further regulates employers’ scheduling and hiring practices. Following on San Francisco and Emeryville’s lead, San Jose recently passed “The Opportunity to Work Ordinance” (Ordinance No. 2016.1, codified at Chapter 4.101 of the San Jose Municipal Code), which went into effect on February 6, 2017.
The primary aim of the Ordinance