We invite you to review our newly-posted September 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Garcia v. Seacon Logix, Inc., 190 Cal. Rptr. 3d 400 (Cal. Ct. App. 2015)
Romeo Garcia and other plaintiffs were truck drivers who transported cargo for Seacon Logix. After the Ports of Los Angeles and Long Beach began to implement a clean air program, which prohibited older trucks from accessing the ports, companies such as Seacon purchased new, less polluting trucks to replace
Bridewell-Sledge v. Blue Cross of Cal., 2015 WL 4939641 (9th Cir. 2015)
Two similar class actions filed 13 minutes apart against the same defendants in the same California state court were consolidated by the state court “for all purposes.” Despite the fact that the two actions had been consolidated into a single action, defendants filed two separate notices of removal under the Class Action
Hartford Cas. Ins. Co. v. J.R. Marketing, L.L.C., 190 Cal. Rptr. 3d 599 (Cal. S. Ct. 2015)
Hartford Casualty issued commercial general liability (“CGL”) policies to its insureds Noble Locks and J.R. Marketing. After the insureds were sued by a third party, Hartford issued reservation of rights letters based upon possible noncoverage under the policies but agreed to pay the reasonable costs of retaining
United States ex rel. Hartpence v. Kinetic Concepts, Inc., 792 F.3d 1121 (9th Cir. 2015) (en banc)
Steven Hartpence and Geraldine Godecke (“Relators”) alleged in these consolidated qui tam cases that their former employer (Kinetic) had fraudulently claimed reimbursements from Medicare. After the allegations of Medicare fraud were publicly disclosed, Relators each informed the government of the alleged fraud and then filed
Ranza v. Nike, Inc., 2015 WL 4282986 (9th Cir. 2015)
Loredana Ranza sued her former employer, Nike European Operations Netherlands, B.V. (“NEON”), and NEON’s parent company, Nike, Inc., which is headquartered in Oregon, in federal court in Oregon. All of the alleged discriminatory conduct (involving sex and age discrimination) occurred in the Netherlands. The district court dismissed Ranza’s lawsuit for lack of personal jurisdiction
France v. Johnson, 2015 WL 4604730 (9th Cir. 2015)
John France, a border patrol agent assigned to the Tucson Sector Border Patrol, applied for a promotion to Assistant Chief Patrol Agent (GS-15 pay grade). Of the 24 eligible candidates, France was the oldest (age 54). Although France was among the top 12 candidates invited for interviews in Washington, DC, he was not among the
Connor v. First Student, Inc., 2015 WL 4768123 (Cal. Ct. App. 2015)
Eileen Connor worked as a school bus driver for Laidlaw Education Services. After First Student acquired Laidlaw, it hired a third party agency (the “agency”) to conduct background checks on Connor and all other former Laidlaw school bus drivers and aides. Before conducting the background checks, First Student sent to each employee
SB 470 provides that in granting or denying a motion for summary judgment or summary adjudication, the trial court need rule only on objections made to evidence that the court deems material to the disposition of the motion. Any objections to evidence not ruled on for purposes of the motion are preserved for appellate review.
AB 202, for purposes of all provisions of state law that govern employment, including the California Labor Code, the California Unemployment Insurance Code and the California Fair Employment and Housing Act, requires a cheerleader who is utilized by a California-based professional sports team during its exhibitions, events or games to be deemed an employee.