California Employment Law Notes

Subscribe to California Employment Law Notes via RSS

White v. Starbucks Corp., 497 F. Supp. 2d 1080 (N.D. Cal. 2007) (Walker, J.)

Steve White, a former store manager for Starbucks, claimed the company had failed to (1) pay overtime wages in violation of Labor Code §§ 201 and 204 and Cal. Code Regs., tit. 8, § 11070(12)(A); (2) provide meal and rest periods in violation of Labor Code §§ 226.7 and 512; and…

Hulteen v. AT&T Corp., 2007 WL 2332071 (9th Cir. Aug. 17, 2007) (en banc)

The federal Pregnancy Discrimination Act of 1978 (PDA) became effective in 1979. Prior to the PDA, an AT&T employee who was on pregnancy leave was not awarded service credit for the period of her pregnancy leave, whereas employees who were on other temporary disability leaves received full credit for such…

Siebel v. Mittlesteadt, 41 Cal. 4th 735 (2007)

Thomas M. Siebel, the CEO of Siebel Systems, Inc. (SSI), sued Carol L. Mittlesteadt and E. Rick Buell, II (the “Lawyers”), for malicious prosecution based on their representation of Debra Christoffers, a former SSI employee. Through the Lawyers, Christoffers sued Siebel (individually) as well as SSI for wrongful termination, fraud, unpaid compensation and discrimination. Most of…

Green v. State of Cal., 2007 WL 2388920 (Cal. S. Ct. Aug. 23, 2007)

Dwight Green worked as a stationary engineer for the Department of Corrections at the California Institute for Men in Chino. Seven years after contracting hepatitis C (presumably from the sewer pipes at the Institute), Green began taking the drug interferon, which caused him to feel fatigued, to have trouble sleeping…

Prachasaisoradej v. Ralphs Grocery Co., 2007 WL 2388914 (Cal. S. Ct. Aug. 23, 2007)

Eddy Prachasaisoradej, a produce manager for Ralphs, challenged the calculation of bonuses he received under a written incentive compensation plan, which included deductions for expenses and losses due to cash and merchandise shortages and shrinkage, workers’ compensation, tort claims and other losses beyond his control. After unsuccessfully removing the case…

Eicher v. Advanced Bus. Integrators, Inc., 2007 WL 1678244 (Cal. Ct. App. 2007)

ABI sells computer software that is used in sports and entertainment venues to schedule staff, manage payroll, credentialing and security and to keep track of costs. ABI employed Michael Eicher to provide on-site customer service and training on the ABI software. ABI considered Eicher to be a consultant and paid him…

Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 127 S. Ct. 2162 (2007)

Lilly Ledbetter was employed by Goodyear for approximately 19 years at the company’s Gadsden, Alabama plant. After taking early retirement, Ledbetter commenced this action against Goodyear in which she alleged pay discrimination on the basis of gender in violation of Title VII and the Equal Pay Act. Goodyear asserted…

Faust v. California Portland Cement Co., 150 Cal. App. 4th 864 (2007)

After Michael Faust notified his plant manager that various unnamed employees had engaged in internal theft and misconduct, the plant manager informed Faust’s supervisor of the allegations who in turn warned Faust’s co-workers to “watch their backs” around Faust. Faust, who received the “cold shoulder” from his coworkers, soon began to experience…

Franklin v. The Monadnock Co., 151 Cal. App. 4th 252 (2007)

Calvin Franklin alleged that a co-worker had threatened to have him and three other employees killed, that Monadnock did nothing in response to the threats and that the co-worker thereafter assaulted him with a screwdriver. After Franklin reported the threats and the assault to the police, his employment was terminated. Franklin alleged that…

Air Couriers Int’l v. Employment Dev. Dep’t, 150 Cal. App. 4th 923 (2007)

Sonic Couriers of Arizona (Air Couriers’ predecessor) filed a complaint for refund against the Employment Development Department (EDD) to recover employment taxes it paid for its drivers, which Sonic contended were independent contractors and not employees. Among other things, the EDD established that Sonic provided the drivers with pick-up and delivery…