California Labor & Employment Law

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Alvarado v. Dart Container Corp. of Cal., 2018 WL 1146645 (Cal. S. Ct. 2018)

Hector Alvarado, who worked as a warehouse associate for Dart, is a member of a putative class of employees who, in addition to their normal hourly wages, received a $15 per day attendance bonus if they were scheduled to work on a Saturday or Sunday and did so, completing their…

Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)

Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and Housing Act (“FEHA”), invasion of privacy, violation of the…

Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018)

Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did he file an administrative complaint within 180 days of…

Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018)

Bel Air Internet sued two of its former employees, Albert Morales and Flavio Delabra, for encouraging their fellow employees to quit and sue the company for alleged employment violations rather than sign a release of claims as Bel Air had requested. Bel Air sued Morales and Delabra for intentional interference with…

Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017)

William Bustos sued his former employer for disability discrimination. A jury determined that Bustos’ actual or perceived physical condition was a substantial motivating reason for his termination, but nevertheless returned defense verdicts on all of his claims. After the trial, Bustos sought an award of his attorney’s fees under the Fair Employment…

People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017)

Mahmoud Alzayat filed this qui tam action against his employer (Sunline Transit Agency) and his supervisor (Gerald Hebb), alleging a violation of the Insurance Frauds Prevention Act (“IFPA”) based upon allegedly false statements that Hebb made in an incident report submitted in response to Alzayat’s workers’ compensation claim and in a…

Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018)

Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the demurrer, Wal-Mart removed the action to federal court…

Artis v. District of Columbia, 583 U.S. ___, 138 S. Ct. 594 (2018)

Stephanie Artis filed a Title VII employment discrimination case against her employer, the District of Columbia, which was eventually dismissed on summary judgment by the district court; the district court declined to exercise supplemental jurisdiction over the remaining state-law claims that were included in the complaint. Artis then refiled her state…

Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)

Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act of 1947 (“LMRA”). The trial court sustained the…

Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018)

Hamid H. Khan brought this lawsuit against his former employer pursuant to the Private Attorneys General Act of 2004 (“PAGA”) based on the fact that his final paycheck (in contrast to all other wage statements he had received) did not include the start date for the applicable pay period. Khan purported to sue…