Gerard v. Orange Coast Mem. Med. Ctr., 2015 WL 535730 (Cal. Ct. App. 2015)
In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one of their two meal periods, even if their shifts lasted longer than 12 hours. Plaintiffs alleged that
Mendoza v. Nordstrom, Inc., 2015 WL 691304 (9th Cir. 2015)
The United States Court of Appeals for the Ninth Circuit has certified three questions to the California Supreme Court:
Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply a slurry seal protective coating to various roadways throughout Southern California. Allan and
Landers v. Quality Communications, Inc., 771 F.3d 638 (9th Cir. 2014)
Greg Landers, who was employed as a cable services installer, brought suit individually and on behalf of other similarly situated persons, alleging that Quality failed to pay him and the other employees minimum and overtime wages in violation of the Fair Labor Standards Act (“FLSA”). The district court granted Quality’s motion to dismiss
For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of their two meal periods. . . . in a written agreement that is voluntarily signed by both the employee and the employer.”
The putative class members in this case moved for class certification on the theory that although Walgreens’s stated policy on meal breaks was proper, its actual practice departed from its stated policy in an illegal and class wide way. The trial court denied class certification, and the Court of Appeal affirmed, holding
We invite you to review our newly-posted January 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc)
Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her employment. After an eight-day trial, the jury found ASARCO liable on Aguilar’s sexual harassment claims in
Pacific Corp. Group Holdings, LLC v. Keck, 2014 WL 7012380 (Cal. Ct. App. 2014)
PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note. Keck defended against the action by claiming that any money he owed PCGH was offset by monies PCGH owed him for unpaid bonus and severance payments due under two employment agreements he had with PCGH. In
Swanson v. Morongo Unified School Dist., 2014 WL 7399317 (Cal. Ct. App. 2014)
Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson sued for discrimination based on medical condition, denial of reasonable accommodation and refusal to engage in the