California Employment Law Notes

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Ballaris v. Wacker Siltronic Corp., 370 F.3d 901 (9th Cir. 2004)

Plaintiff-employees worked in Wacker’s cleanrooms where silicon wafers were manufactured. All employees who work in the cleanrooms must wear gowns to help maintain the clean environment. Ballaris alleged in this FLSA class-action lawsuit that Wacker had a policy or practice of failing to pay its workers overtime wages for the time spent on…

IBM Corp., 341 NLRB No. 148 (June 9, 2004)

In this far-reaching decision, the National Labor Relations Board overruled its own recent decision in Epilepsy Found. of N.E. Ohio, 331 NLRB 676 (2000), and held that employees who are not represented by a union are not entitled to have a coworker present during investigatory interviews. In this decision, the Board held that IBM…

Catholic Charities of Sacramento, Inc. v. Superior Court, 32 Cal. 4th 527 (2004)

Catholic Charities challenged the Women’s Contraception Equity Act (WCEA) under the establishment and free exercise clauses of the United States and California Constitutions. Among other things, the WCEA requires that certain health and disability insurance contracts must cover prescription contraceptives. Although Catholic Charities offered health insurance, including prescription drug benefits to…

Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004)

James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the accident, Mason reported to work but did not clock…

Rivera v. NIBCO, Inc., 364 F.3d 1057 (9th Cir. 2004)

Twenty-three Latina and Southeast Asian female immigrants had been employed at NIBCO’s factory in Fresno and were terminated following their poor performance on a basic job skills examination that was given in English. The employees alleged discrimination under Title VII and the California Fair Employment and Housing Act. During a deposition, Martha Rivera’s counsel…

Chamber of Commerce of the U.S. v. Lockyer, 364 F.3d 1154 (9th Cir. 2004)

In 2000, California enacted Assembly Bill No. 1889 (Government Code §§ 16645-16649) which, among other things, prohibits private employers “receiving state funds in excess of $10,000 in any calendar year” from using such funds to “assist, promote, or deter union organizing.” The United States Chamber of Commerce brought an action…

Pfohl v. Farmers Ins. Group, 2004 WL 554834 (C.D. Cal. Mar. 1, 2004)

Thomas Pfohl filed this putative class action for unpaid overtime under the Fair Labor Standards Act (FLSA) on behalf of himself and all other similarly situated individuals who worked for Farmers as temporary full-time insurance adjusters. In this proceeding, the District Court denied Pfohl’s Motion for Certification of Collective Action. Pfohl…

Jasmine Networks, Inc. v. Marvell Semiconductor, Inc., 117 Cal. App. 4th 794 (2004)

Marvell Semiconductor, Inc. and Jasmine Networks, Inc. are competitors in the business of designing and manufacturing telecommunications chips. Marvell offered to buy some of Jasmine’s technology, along with some of its engineers, and Jasmine accepted after negotiating a nondisclosure agreement preventing Marvell from obtaining Jasmine’s trade secrets or employees without paying…

Powers v. Rug Barn, 15 Cal. Rptr. 3d 292, 117 Cal. App. 4th 1011 (2004)

Fred Powers and Suzanne DeVall were partners in a company called Earth Tapestries, which was engaged in providing consulting, design and sales related to textiles and home furnishings and products. Another company, Rug Barn, expressed an interest in entering into a business agreement with Earth Tapestries but later indicated…

CalMat Co. v. United States Dep’t of Labor, 364 F.3d 1117 (9th Cir. 2004)

Robert Germann had worked at CalMat for nearly 20 years when he was elected to be the local union’s shop steward. After a fellow employee told Germann that three of the company’s drivers had worked more than 15 hours the previous day in violation of state and federal safety regulations,…