California Employment Law Notes

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Singleton v. United States Gypsum Co., 140 Cal. App. 4th 1547 (2006)

John Singleton, a maintenance mechanic employed by USG, was, according to the employer, terminated for having said words to the effect of “if we [have to] work on Christmas, I am going to come in here with a gun and shoot everybody except Sandy.” Singleton denied making the statement though he admitted…

Smith v. Superior Court (L’Oréal USA, Inc.), 39 Cal. 4th 77 (2006)

Aspiring actress and model, Amanza Smith, worked as a “hair model” for L’Oréal at Christophe hair salon for which she was paid $500 for one day’s work. L’Oréal considered Smith to be an independent contractor and took more than two months to pay her the compensation it owed to her. Smith filed…

Dark v. Curry County, 451 F.3d 1078 (9th Cir. 2006)

Robert Dark, an epileptic since the age of 16, worked as a maintenance and construction worker for Curry County, Oregon for approximately 16 years. Among other things, Dark operated heavy equipment such as construction vehicles for the County. On the morning of January 15, 2002, Dark experienced an “aura” (a “nervous jerk”) that signaled…

Gonzalez v. Kalu, 140 Cal. App. 4th 21 (2006)

Gabriela Gonzalez, who worked as a cleaner for a building maintenance company, hired an attorney to represent her in a matter involving a possible sexual harassment claim against her employer. The attorney sent a letter to Gonzalez’s employer asserting the employer’s liability, threatening to file a lawsuit and demanding a settlement. The letter also warned…

Moran v. Selig, 447 F.3d 748 (9th Cir. 2006)

Seeking to make partial amends for its exclusion of African-American baseball players prior to 1947 (when Jackie Robinson “broke the color barrier”), MLB voluntarily decided to provide certain benefits, including medical coverage and a supplemental income plan, to qualifying African-Americans players who had been in the “Negro Leagues” prior to 1948. In this lawsuit, certain…

Olinick v. BMG Entertainment, 138 Cal. App. 4th 1286 (2006)

Martin Olinick, a lawyer who is admitted to practice both in New York and California, began working for BMG’s predecessor, RCA Records in New York in 1971. In the last of a series of 3-year employment agreements between the parties, Olinick and BMG executed an 8-page employment agreement covering the period from July 1,…

Jespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir. 2006) (en banc)

Darlene Jespersen, a former bartender in the sports bar at Harrah’s Casino in Reno, filed this Title VII action, alleging the casino had discriminated against her on the basis of her sex when she was fired for refusing to comply with the casino’s appearance standards policy requiring all female beverage servers…

Taylor v. Roseville Toyota, Inc., 138 Cal. App. 4th 994 (2006)

Derrick Lewis, a car detailer employed by Roseville Toyota, was driving a car owned by the dealership and was on a personal errand during his lunch break when he rear-ended another car that was stopped at a stoplight. The jury concluded that although Lewis was not acting within the scope of his employment…

Sully-Miller Contracting Co. v. California OSHA Bd., 138 Cal. App. 4th 684 (2006)

Sully-Miller, an asphalt-paving company, leased one of its employees, Jeff Moreno, to Manhole Adjusting, Inc., as a roller operator. While working at Manhole’s worksite, Moreno was fatally injured when he was thrown from the roller because it lacked an operable seatbelt. OSHA cited Sully-Miller for a serious violation of the employer…

Jenkins v. County of Riverside, 138 Cal. App. 4th 593 (2006)

Evelyn Jenkins worked as a full-time “Office Assistant II” for the County for six years before her employment was terminated. During the entire six years, Jenkins was classified as a “temporary employee.” After taking a workers’ compensation leave of absence and having surgery for carpal tunnel syndrome, Jenkins informed the County that she…