California Employment Law Notes

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Ayon v. Esquire Deposition Solutions, LLC, 27 Cal. App. 5th 487 (2018)

Brittini Zuppardo, a scheduling manager for Esquire Deposition Solutions, was talking on her cell phone while driving home from her boyfriend’s house when her vehicle struck Jessica Ayon, causing significant injuries. At the time of the accident, Zuppardo was speaking with Michelle Halkett, one of Esquire’s court reporters. Zuppardo and Halkett…

AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018)

AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country. As a condition of employment with AMN, four of its “travel nurse recruiters” had signed a Confidentiality and Non-Disclosure Agreement (“CNDA”), which among other things prohibited…

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018)

Eileen Connor worked as a school bus driver for Laidlaw Education Services, a company that was later acquired by First Student.  First Student retained a consumer reporting agency to conduct background checks on its employees.  The background reports elicited information about the employees, including their criminal records, sex offender registry status,…

United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018)

United States District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricts private employers from cooperating with federal immigration enforcement.  Among other things, the law imposes fines on private employers of…

Golden v. California Emergency Physicians Med. Group, 896 F.3d 1018 (9th Cir. 2018)

Donald Golden, M.D. is an emergency-room doctor formerly affiliated with the California Emergency Physicians Medical Group (“CEP”), a large consortium of over 1,000 physicians that manages or staffs many emergency rooms in California and other western states. Dr. Golden sued CEP for various claims, including racial discrimination. Prior to trial,…

Caldera v. California Department of Corr. & Rehab., 25 Cal. App. 5th 31 (2018)

Augustine Caldera is a correctional officer at a state prison who stutters when he speaks.  Caldera alleged that the prison’s employees, including a supervisor, “mocked and mimicked” his stutter at least a dozen times over a period of two years.  Caldera sued the CDCR for disability harassment, failure to…

The Chippewa Cree Tribe of the Rocky Boy’s Reservation v. United States Dep’t of the Interior, 2018 WL 3978542 (9th Cir. 2018)

Ken St. Marks, a member of the Chippewa Cree Tribe, informed the United States Department of the Interior (the “Department”) that he believed members of the Tribe’s governing body were misusing federal stimulus funds that were awarded to the Tribe pursuant…

Hicks v. PGA Tour, Inc., 897 F.3d 1109 (9th Cir. 2018)

Professional golf caddies sued the PGA Tour, contending they should not be compelled to wear bibs featuring advertising sold by the Tour and local hosts of the PGA tournaments.  The caddies allege contract, quasi-contract, publicity and unfair competition claims under California law, a false endorsement claim under the Lanham Act and antitrust…

Lacagnina v. Comprehend Sys. Inc., 25 Cal. App. 5th 955 (2018)

David Lacagnina sued his former employer for fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and “theft of labor by false pretenses” in violation of Cal. Pen. Code §§ 484 and 496.  The jury awarded $556,446 in damages, including $226,446 in damages for fraud and…