On Tuesday, April 16, 1-2 pm PDT, Tony Oncidi will be joining the Employment Roundtable of Southern California (ERTSC) and presenting the webinar, A Quick Legal Update of New Employment Laws and Cases. The New Year rang in nearly twenty new employment laws. 2018 and 2019 have produced dozens and dozens of significant employment cases. … Continue Reading
We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading
The Los Angeles Times published a piece addressing the recent and abrupt change in the rules for determining who is and who is not an independent contractor in California. As is so often the case, there are many unanticipated consequences associated with these new rules. Read the full piece here: http://www.latimes.com/business/la-fi-dynamex-contractors-20190223-story.html… Continue Reading
We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” City Attorney Should Not Have Been Disqualified From Representing City Prevailing Employer Should Not Have … Continue Reading
Biel v. St. James School, 2018 WL 6597221 (9th Cir. 2018) Kristen Biel was fired from her fifth grade teaching position at St. James Catholic School after she told the school that she had breast cancer and would need to miss work to undergo chemotherapy. Following her termination, Biel alleged that the school had violated … Continue Reading
City of San Diego v. Superior Court, 2018 WL 6629322 (Cal. Ct. App. 2018) As part of an internal affairs investigation regarding the unauthorized disclosure of a confidential police report, the San Diego Police Department questioned detective Dana Hoover regarding communications she had had with an attorney who was representing her in an employment-related lawsuit … Continue Reading
Huerta v. Kava Holdings, Inc., 29 Cal. App. 5th 74 (2018) Felix Huerta sued Kava Holdings dba Hotel Bel-Air after the hotel terminated him and another restaurant server who was involved in an altercation during work. The trial court granted Kava’s motion for nonsuit as to Huerta’s claim for retaliation under the Fair Employment and … Continue Reading
Moreno v. Visser Ranch, Inc., 2018 WL 6696021 (Cal. Ct. App. 2018) Ray David Moreno, a passenger riding in a truck that his father (Ernesto Moreno) was driving, was injured when the truck left the roadway, hit an embankment and rolled over. Ray sued his father, the corporation that employed his father and an affiliated … Continue Reading
Donohue v. AMN Servs., LLC, 2018 WL 6445360 (Cal. Ct. App. 2018) AMN used a computer-based timekeeping system for all nonexempt employees, including plaintiffs/nurse recruiters. The timekeeping system rounded recruiters’ punch times (both punch in and punch out) to the nearest 10-minute increment. To establish the proper hourly compensation, AMN converted each 10-minute increment to … Continue Reading
Gerard v. Orange Coast Mem. Med. Ctr., 2018 WL 6442036 (Cal. S. Ct. 2018) Plaintiff health care workers formerly employed by Orange Coast Memorial Medical Center alleged that they usually worked shifts of 12 hours or more. A hospital policy allowed employees who worked shifts longer than 10 hours to voluntarily waive one of their … Continue Reading
Hernandez v. Pacific Bell Tel. Co., 29 Cal. App. 5th 131 (2018) Employees of Pacific Bell who install and repair video and internet services in customers’ homes asserted a putative class action against the company for allegedly unpaid compensation for time they spent traveling in an employer-provided vehicle (loaded with equipment and tools) between their … Continue Reading
Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018) The employees in this case (belt sorters who worked at two publicly owned and operated recycling facilities under contracts with Los Angeles County Sanitation Districts) alleged the employers’ failure to pay the prevailing wage and to provide full 30-minute meal periods. The … Continue Reading
McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018) Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that … Continue Reading
Employers are facing the growing threat of “implicit bias” evidence in employment discrimination cases. Employment partner Tony Oncidi explains how to meet the challenge: https://www.proskauer.com/uploads/the-coming-battle-over-implicit-bias-in-employment-discrimination-cases … Continue Reading
Employers: have you thought about the true implications of waiving arbitration? When considering how to end sexual harassment issues in the workplace, prioritizing training and policy review may be a better course. Read more in Anthony Oncidi’s latest column in the Los Angeles Daily Journal: https://lnkd.in/dcMBBFm… Continue Reading
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading
Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018) Plaintiffs in this certified wage and hour class action contend that Certified Tire violated applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage but … Continue Reading
Brown v. Ralphs Grocery Co., 2018 WL 5629874 (Cal. Ct. App. 2018) Terri Brown brought a representative action against her employer, Ralphs Grocery Company, under the Private Attorneys General Act (“PAGA”), alleging wage and hour violations. In 2009, Brown filed a notice with the California Labor and Workforce Development Agency (“LWDA”) as required under PAGA … Continue Reading
Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018) Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure … Continue Reading
Marsh v. J. Alexander’s LLC, 905 F.3d 610 (9th Cir. 2018) (en banc) Plaintiffs in this case alleged that their employers abused the tip credit provision of the Fair Labor Standards Act (“FLSA”) by paying them a reduced tip credit wage and treating them as tipped employees when they were engaged in either non-tipped tasks … Continue Reading
Martinez v. Eatlite One, Inc., 27 Cal. App. 5th 1181 (2018) Samantha Martinez, a sandwich maker and cashier, sued Eatlite (the owner of a Subway store) for employment discrimination in violation of public policy, gender and pregnancy discrimination, failure to provide reasonable accommodations in the workplace, violation of the California Constitution and negligent supervision and … Continue Reading
Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018) Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner … Continue Reading
Ayon v. Esquire Deposition Solutions, LLC, 27 Cal. App. 5th 487 (2018) Brittini Zuppardo, a scheduling manager for Esquire Deposition Solutions, was talking on her cell phone while driving home from her boyfriend’s house when her vehicle struck Jessica Ayon, causing significant injuries. At the time of the accident, Zuppardo was speaking with Michelle Halkett, … Continue Reading
AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country. As a condition of employment with AMN, four of its “travel nurse recruiters” had signed a Confidentiality … Continue Reading
