California Employment Law Notes

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Peabody v. Time Warner Cable, Inc., 2012 WL 3538753 (9th Cir. 2012)

Susan J. Peabody was employed as a commissioned salesperson by Time Warner Cable (“TWC”) for approximately 10 months. Peabody’s commissions were based on the revenue generated by advertising that was aired every broadcast month, which lasted four or five weeks. Peabody also received a base salary of $20,000 per year. During her…

Headley v. Church of Scientology Int’l, 687 F.3d 1173 (9th Cir. 2012)

Marc and Claire Headley were ministers in the Sea Organization (“Sea Org”), which is an elite religious order of the Church of Scientology. The Sea Org demands much of its ministerial members, renders strict discipline, imposes stringent ethical and lifestyle constraints and goes to great efforts to retain clergy and to preserve…

Fillpoint, LLC v. Maas, WL 3631266 (Cal. Ct. App. 2012)

Michael Maas sold his stock in Crave Entertainment Group, Inc. to Handleman Company and signed a stock purchase agreement that contained a three-year covenant not to compete. Maas signed a separate employment agreement with Crave that contained a one-year covenant not to compete, which would become operative when Maas’s employment with Crave ended. Maas…

Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012)

Touchstone had an agreement with actress Nicollette Sheridan that gave it the exclusive option to renew Sheridan’s contract on an annual basis for an additional six seasons (after the first season) of the television show “Desperate Housewives.” Sheridan sued Touchstone for wrongful termination in violation of public policy, claiming she had been…

We invite you to review our newly-posted May 2012 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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Henry M. Lee Law Corp. v. Superior Court, 204 Cal. App. 4th 1375 (2012)

Henry M. Lee represented Ok Song Chang in employment litigation resulting in a $62,000 judgment in Chang’s favor following a jury trial. The trial court also awarded Chang $300,000 in attorney fees as a prevailing party under the applicable Labor Code provisions. After Chang substituted herself in propria persona…

Cash v. Winn, 205 Cal. App. 4th 1285 (2012) 

Joy Cash, who is not a licensed or trained nurse, cared for Iola Winn, who is in her 90’s, in Winn’s home. After she left her employment, Cash sued Winn for failure to pay her overtime wages. Winn claimed that Cash was a personal attendant within the meaning of Wage Order No. 15 and thus…

In re Pac. Pictures Corp., 2012 WL 1640627 (9th Cir. 2012)

Although this case did not arise in the employment context, it has implications in labor and employment litigation matters in which a government agency is involved. The question the Ninth Circuit decided is whether a party waives the attorney-client privilege forever by voluntarily disclosing privileged documents to the federal government. The Court answered…

C.A. v. William S. Hart Union High Sch., 53 Cal. 4th 861 (2012)

Through a guardian ad litem, C.A. alleged that while he was a student at Golden Valley High School, he was subjected to sexual harassment and abuse by Roselyn Hubbell, the head guidance counselor at his school. C.A. sued the school district for negligent supervision of Hubbell because the district knew or…

Sciborski v. Pacific Bell Directory, 205 Cal. App. 4th 1152 (2012)

Annie Sciborski sued her former employer, Pacific Bell Directory, after it deducted approximately $19,000 from her wages to recover a $36,000 sales commission that had been paid to her. After a three-day trial, the jury found Pacific Bell’s wage deductions violated the Labor Code and resulted in Sciborski’s constructive discharge in violation of…