California Employment Law Notes

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Marathon Entm’t, Inc. v. Blasi, 42 Cal. 4th 974 (2008)

Marathon Entertainment and Rosa Blasi entered into an oral contract by which Marathon would serve as Blasi’s personal manager in exchange for 15% of Blasi’s earnings from entertainment employment obtained during the course of the contract. Marathon sued Blasi after she reneged on her agreement to pay 15% of her earnings to Marathon. Blasi…

Schachter v. Citigroup, Inc., 159 Cal. App. 4th 10 (2008)

During his employment, David B. Schachter, a former securities salesperson for Salomon Smith Barney, participated in Smith Barney’s voluntary Capital Accumulation Plan, which allowed him to direct Smith Barney to pay him five percent of his total compensation in the form of restricted stock; the stock was purchased at a 25% discount below its…

Nelson v. NASA, 512 F.3d 1134 (9th Cir. 2008)

NASA began requiring plaintiffs (long-time, “low-risk” contract employees of the Jet Propulsion Laboratory) to undergo a National Agency Check with Inquiries (“NACI”), which includes, among other things, a request for background information, the names of three references and disclosure of any illegal drug use within the past year, along with any treatment or counseling received…

Hicks v. KNTV Television, Inc., 160 Cal. App. 4th 994 (2008)

Bradford Hicks, a white man, was the 5:00 p.m. weeknight news anchor for KNTV. After KNTV chose not to renew Hicks’ contract, it selected an African-American man to fill the position Hicks had vacated. Hicks alleged race discrimination and wrongful termination, asserting that KNTV was under “pressure in the industry to hire minorities…

Golden Gate Restaurant Ass’n v. City & County of San Francisco, 512 F.3d 1112 (9th Cir. 2008)

In 2006, the San Francisco Board of Supervisors passed and the mayor signed into law the San Francisco Health Care Security Ordinance which, among other things, requires employers with more than 20 employees to make healthcare expenditures on behalf of their employees. The ordinance was scheduled to go…

Ross v. Ragingwire Telecommunications, Inc., 42 Cal. 4th 920 (2008)

In accordance with the Compassionate Use Act of 1996 (Proposition 215), Gary Ross had a physician’s recommendation to use marijuana for his chronic back pain. Ragingwire offered Ross a job as a lead systems administrator subject to his passing a drug test, which he failed when he tested positive for THC (the active chemical…

Mokler v. County of Orange, 157 Cal. App. 4th 121 (2007)

Pamela Mokler was employed as the executive director of the County’s Office on Aging (“OoA”). Following her termination, she sued the County for breach of contract, wrongful termination, hostile work environment and unlawful retaliation under Labor Code § 1102.5 (the “whistleblower statute”). The jury awarded Mokler $14,089.60 in past economic damages and $1,681,823…

Wysinger v. Automobile Club of S. Cal., 157 Cal. App. 4th 413 (2007)

Guy Wysinger, a former district manager for ACSC’s Santa Barbara office, filed a complaint with the EEOC in 1999 in which he alleged that ACSC had discriminated against him on the basis of his age. Thereafter, Wysinger’s work environment changed – he was no longer invited to be on management committees…

Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal. 4th 554 (2007)

Frank Gattuso is an outside sales representative for Harte-Hanks, a California corporation that prepares and distributes advertising booklets and leaflets, including the PennySaver and the California Shopper. Rather than separately reimburse outside sales representatives for their automobile expenses, Harte-Hanks paid them higher salaries and commissions than it paid its inside sales representatives. Gattuso and…

Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007)

Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award of $70,238.54 (including interest and penalties) from the Commissioner…