California Employment Law Notes
Retired Professional Football Player Is Ineligible For California Workers’ Comp Benefits
Atlanta Falcons v. WCAB, 114 Cal. App. 5th 1268 (2025)
Wayne Gandy spent 15 years as a professional football player with the NFL. He played with the Los Angeles Rams during the 1994 season before the team moved to St. Louis, but never again played for a California team. Six years after his retirement from the Atlanta Falcons in 2009, Gandy filed a…
“Headless” PAGA Claim May Proceed
Galarsa v. Dolgen Cal., LLC, 115 Cal. App. 5th 1 (2025)
This case involves the (much-litigated) issue currently pending before the California Supreme Court in Leeper v. Shipt, Inc., 107 Cal. App. 5th 1001, rev. granted (2025): Does the version of PAGA in effect from 2016 to mid-2024 authorize an aggrieved employee to bring a PAGA action that seeks recovery of…
Arbitration Agreement Was Unconscionable
Gurganus v. IGS Solutions LLC, 2025 WL 2944090 (Cal. Ct. App. 2025)
Sarah Gurganus sued her former employer (IGS Solutions) for violation of the Fair Employment and Housing Act (FEHA), including disability discrimination, wrongful termination and related claims. In response, IGS filed a motion to compel arbitration based upon an arbitration agreement that Gurganus electronically signed approximately five months into her employment with the…
Employees Can Proceed With Age Discrimination Claims
Caldrone v. Circle K Stores, Inc., 2025 WL 2811320 (9th Cir. 2025)
Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of interest in promotion, they were not given a chance to apply for the position of West Coast…
COVID-19 Religious Discrimination Claim Was Properly Dismissed
Detwiler v. Mid-Columbia Med. Ctr., 2025 WL 2700000 (9th Cir. 2025)
Sherry M. Detwiler worked as a privacy officer and the Director of Health Information for a hospital (Mid-Columbia Medical Center) from September 2020, until her employment was terminated in December 2021. Detwiler is a practicing Christian who believes her body is a “temple of the Holy Spirit” and sincerely believes she has a “religious…
Employee Was Wrongfully Terminated After Failing Polygraph Test
McDoniel v. Kavry Mgmt., LLC, 114 Cal. App. 5th 949 (2025)
Steven McDoniel was employed by Kavry Management as an “assistant grower” at its licensed marijuana growing facility in Adelanto, California. After $70,000 in cash and marijuana were stolen from the storage room, employees were told, “Y’all need to go take a polygraph test.” The polygrapher, Rachel Levy, claimed she would not have…
September 2025 California Employment Law Notes
Union Employee’s Wage/Hour Claims Were Not Preempted By Federal Law
Renteria-Hinojosa v. Sunsweet Growers, Inc., 2025 WL 2351203 (9th Cir. 2025)
Annamarie Renteria-Hinojosa filed two putative class actions against her employer (Sunsweet Growers), alleging various wage and hour violations under California law, including PAGA. Renteria-Hinojosa’s employment was governed by two successive collective bargaining agreements (CBAs) between her union and Sunsweet. In response to the lawsuits, Sunsweet removed both actions to federal court, asserting federal…
Employer Properly Calculated Sick Leave For Exempt Employee
Hirdman v. Charter Commc’ns, LLC, 113 Cal. App. 5th 376 (2025)
Bradley Hirdman filed a lawsuit against his former employer (Charter Communications, LLC) alleging a violation of the Private Attorneys General Act (PAGA) based on Charter’s alleged misclassification of Hirdman as an exempt outside salesperson for purposes of calculating his paid sick leave pursuant to Cal. Lab. Code § 246(l)(3). The trial court…