EMD Sales, Inc. v. Carrera, 604 U.S. ___, 2025 WL 96207 (2025)
The question in this case is what standard of proof an employer must satisfy in defending against claims asserted under the federal Fair Labor Standards Act (FLSA). Several EMD sales representatives sued the company for violating the FLSA by failing to pay them overtime. EMD defended against the claims on the ground
Wentworth v. Regents of the Univ. of Cal., 105 Cal. App. 5th 580 (2024)
Blake Wentworth, formerly a professor at the University of California, Berkeley, sued the University for failure to engage in the interactive process and failure to reasonably accommodate an alleged disability in violation of the Fair Employment and Housing Act (FEHA), as well as for violating the California Constitution and the
Royal Canin USA v. Wullschleger, 604 U.S. ___, 2025 WL 96212 (2025)
In this non-employment-related opinion with important implications for litigation throughout the country, the United States Supreme Court held that after a defendant removes a case from state to federal court based on federal question grounds, the plaintiff may in an amended complaint delete all references to federal law and thereby deprive the federal
We invite you to review our newly-posted November 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Mooney v. Fife, 118 F.4th 1081 (9th Cir. 2024)
Thomas Mooney was the chief operating officer of Vivida Dermatology before his employment was terminated for an alleged violation of a confidentiality provision in his employment agreement. Following his termination, Mooney sued his former employer for retaliation under the False Claims Act (FCA), breach of contract and breach of the implied covenant of good
North Am. Title Co. v. Superior Court, 17 Cal. 5th 155 (2024)
Pursuant to Cal. Code Civ. Proc. § 170.3, a party that seeks to disqualify a trial court judge by filing a verified statement of disqualification must do so “at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification.” The statute also provides that there shall be
Rodriguez v. Lawrence Eqpt., Inc., 2024 WL 4719479 (Cal. Ct. App. 2024)
Julian Rodriguez sued his former employer, Lawrence Equipment, Inc., for various wage and hour violations under the Labor Code and sought civil penalties and wages pursuant to the Private Attorneys General Act (PAGA). Enforcing the arbitration agreement Rodriguez had signed, the trial court ordered arbitration of the wage and hour claims and
Nebraska v. Su,121 F.4th 1 (9th Cir. 2024)
Five states challenged President Biden’s 2021 Executive Order 14026, which directed federal agencies to include a clause in federal contracts requiring contractors to pay employees a $15 minimum wage. The states argued that the executive order and the implementing rule issued by the Department of Labor violate the Federal Property and Administrative Services Act
Osborne v. Pleasanton Auto. Co., 106 Cal. App. 5th 361 (2024)
Eva Osborne sued her former employer (Pleasanton Automotive) and its executive general manager (the ironically named Bob Slap) for discrimination, retaliation, harassment and wage and hour violations arising during the four years while Osborne worked as Slap’s executive assistant. Two years into the litigation, Slap filed a cross-complaint against Osborne, asserting that statements
Wawrzenski v. United Airlines, Inc., 2024 WL 4750558 (Cal. Ct. App. 2024)
Alexa Wawrzenski was fired from her position as a United Airlines flight attendant for having a social media account featuring pictures of herself in uniform and wearing a bikini, with a link to an OnlyFans subscription-based account that she advertised as providing “exclusive private content you won’t see anywhere else.” Wawrzenski sued