Dinslage v. City & County of San Francisco, 5 Cal. App. 5th 368 (2016)
David P. Dinslage is a former employee of the Recreation and Parks Department of the City and County of San Francisco. As a result of a large-scale restructuring of the Department, Dinslage’s employment classification was eliminated and he was laid off. Dinslage alleged age discrimination and retaliation, among other things,
Fowler Packing Co. v. Lanier, 2016 WL 7321371 (9th Cir. 2016)
In 2015, the California legislature passed Assembly Bill 1513 in response to two state appellate court decisions that exposed employers to significant and unexpected minimum wage liability for piece-rate workers. The statute created a “safe harbor” that gave employers an affirmative defense against the new claims so long as the employer made back
Driscoll v. Graniterock Co., 2016 WL 6994923 (Cal. Ct. App. 2016)
Brian Driscoll, et al., filed a putative class action against their employer, Graniterock, on behalf of 200 current and former concrete mixer drivers for its alleged failure to provide employees with off-duty meal periods and an additional hour of pay for meal periods during which the drivers opted to continue working. The class
Lee v. West Kern Water Dist., 5 Cal. App. 5th 606 (2016)
Kathy Lee, an employee of the water district, sued the district and four co-employees for assault and intentional infliction of emotional distress after the co-employees staged a “mock robbery” without Lee’s knowledge and one of them (while wearing a mask) confronted her at the cashier’s window with a note demanding money and
Soria v. Univision Radio Los Angeles, Inc., 5 Cal. App. 5th 570 (2016)
Sofia Soria worked as an on-air radio personality for Univision for approximately 14 years before her employment was terminated for alleged tardiness and lack of preparation for her show. In response to Soria’s lawsuit for alleged disability discrimination, Univision argued it had no knowledge of Soria’s alleged disability (a benign tumor)
Wilson v. Cable News Network, Inc., 2016 WL 7217201 (Cal. Ct. App. 2016)
Stanley Wilson alleged discrimination, retaliation, wrongful termination and defamation against CNN, et al., where he worked as a television producer before his employment was terminated following an audit of his work involving suspected plagiarism. Defendants answered the complaint and then filed a special motion to strike all causes of action pursuant
Lubin v. The Wackenhut Corp., 5 Cal. App. 5th 926 (2016)
Nivida Lubin, et al., filed this class action lawsuit against their employer for its alleged failure to provide Lubin and similarly situated employees (private security guards) with off-duty meal and rest breaks and for providing inadequate wage statements. The trial court initially certified a class of all non-exempt security officers employed by Wackenhut
Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016)
Jennifer Augustus filed this putative class action on behalf of all ABM security guards, alleging that ABM consistently failed to provide uninterrupted rest periods as required by state law. During discovery, ABM acknowledged that it required guards to keep their radios and pagers on, remain vigilant and respond when needs arose, such
https://www.judicialhellholes.org/2016-2017/executive-summary/
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Break Time
Today, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods. “What [the law] require[s] instead is that employers relinquish any control over how employees spend their break time, and relieve their employees of all duties – including the obligation that an employee remain on call.” This