California Employment Law Notes

Subscribe to California Employment Law Notes via RSS

Alexander v. Codemasters Group Ltd., 104 Cal. App. 4th 129 (2002)

Craig Alexander alleged breach of contract against Codemasters (a United Kingdom-based computer game company) for its failure to provide Alexander (a former executive with the company) with options to purchase 35,000 shares of Codemasters’ stock at an exercise price of $3.25 per share. In its successful motion for summary judgment, Codemasters asserted that…

Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002)

Nga Bui brought this action on behalf of her deceased husband’s estate against various parties, including his former employers, AT&T and Lucent Technologies. Bui’s husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, after undergoing two unsuccessful operations and suffering two myocardial infarctions. In the week before his death, Duong had to…

Cadence Design Sys. v. Avant! Corp., 29 Cal. 4th 215 (2002)

In this case, the California Supreme Court answered the following question of law certified to it from the United States Court of Appeals for the Ninth Circuit: Under the California Uniform Trade Secrets Act (UTSA), when does a claim for trade secret infringement arise: only once, when the initial misappropriation occurs, or with…

Valerio v. Andrew Youngquist Constr., 103 Cal. App. 4th 1264 (2002)

Andrew Youngquist Construction (a general contractor doing business as Birtcher Construction Services) solicited bids from subcontractors to build the Brenden Theater complex in Vacaville. Birtcher awarded Valerio the painting subcontract on the condition that he submit a performance bond. Valerio began working on the project even though he had not received an executed…

Smith v. Rae-Venter Law Group, 29 Cal. 4th 345 (2002)

Following Timothy L. Smith’s resignation as an associate with the Rae-Venter Law Group (RVLG), he filed a claim with the Labor Commissioner and obtained an award for unpaid vacation pay, some miscellaneous deductions and expense reimbursements and statutory prejudgment interest. Smith also sought but failed to recover an unpaid bonus and waiting-time penalties. Smith…

Bothell v. Phase Metrics, Inc., 299 F.3d 1120 (9th Cir. 2002)

Rex Bothell, a former field service engineer employed by Phase Metrics, Inc., alleged that he had been improperly classified as an exempt administrative employee under state and federal law and sought unpaid overtime. Phase Metrics maintained that Bothell was essentially an account manager who performed his job independently, made or recommended decisions critical…

Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002)

C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E Builders to frame the roof of the building. Blas Lopez, one of L&E’s employees, was seriously injured…

Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002)

Robert Konop, a pilot for Hawaiian Airlines, created and maintained a website on which he posted bulletins critical of the airline and the incumbent union, the Air Line Pilots Association. Konop controlled access to his website by requiring visitors to log in with a user name and password, and the website expressly prohibited…

Steam Press Holdings, Inc. v. Hawaii Teamsters & Allied Workers Union, 302 F.3d 998 (9th Cir. 2002)

During the course of a labor dispute, union president Mel Kahele told a number of employees of the company (Steam Press Holdings, Inc.) that the owner of the company, Michael Drace, was “making money” and “hiding it in Steam Press.” Drace sued Kahele for defamation, among other…

John Y., Jr. v. Chaparral Treatment Ctr., Inc., 101 Cal. App. 4th 565 (2002)

A jury awarded John Y., a minor, over $2.7 million as a result of a counselor’s sexual molestation of him while he lived at a group residential facility for emotionally troubled youth. Although a significant portion of the damages (including punitive damages) was awarded against the Chaparral Treatment Center (the…