California Labor & Employment Law

Subscribe to California Labor & Employment Law via RSS

Matson v. UPS, 840 F.3d 1126 (9th Cir. 2016)

Mary Matson, a member of the Teamsters Union, worked as a “combination worker” unloading and sorting packages at UPS’s Boeing Field International hub in Seattle. During her employment, Matson allegedly complained that because of her gender she was subject to unfair and demeaning treatment in the workplace.  UPS subsequently fired Matson for “proven dishonesty,” relying upon…

Taylor v. Dep’t of Industrial Relations, 4 Cal. App. 5th 801 (2016)

Following an inspection, the Division of Labor Standards Enforcement (“DLSE”) discovered that Aaron’s Automotive (“Taylor”) had been in operation since 2007 but had never acquired workers’ compensation insurance coverage as required by Labor Code § 3700. The DLSE issued a Penalty Assessment Order, assessing a penalty against Taylor in the amount of…

Walker v. Apple, Inc., 4 Cal. App. 5th 1098 (2016)

The trial court disqualified the attorneys for a putative class led by Stacey and Tyler Walker based upon the lawyers’ concurrent representation of a certified class in another wage and hour class action (the Felczer class) pending against the same employer (Apple). In its disqualification motion, Apple asserted that in order to advance the…

Soto v. Motel 6 Operating, L.P., 4 Cal. App. 5th 385 (2016)

Lidia Soto sued her former employer, Motel 6 Operating, L.P., for violation of Labor Code § 226(a) for failing to include the monetary value of accrued vacation pay in its employees’ wage statements. Soto sued in her individual capacity and also on behalf of all aggrieved workers under the Private Attorney General…

Pierson v. Helmerich & Payne Int’l Drilling Co., 4 Cal. App. 5th 608 (2016)

Luis Mooney (an employee of Helmerich & Payne International Drilling (“H&P”)) was involved in a traffic accident while returning home from work; Mooney was driving two other employees to a hotel where they were staying during the job. Brent Dale Pierson (the other driver) alleged that Mooney was acting in…

Ryan v. Crown Castle NG Networks, Inc., 2016 WL 7217274 (Cal. Ct. App. 2016)

Patrick Ryan sued his former employer for breach of its alleged promise to grant him lucrative stock options as a condition of his employment. When Ryan tried to exercise the option to purchase 25,000 shares 11 months after his resignation, the company’s general counsel responded that the attempted exercise was…

Goonewardene v. ADP, LLC, 5 Cal. App. 5th 154 (2016)

In her fifth amended complaint, Sharmalene Goonewardene alleged claims against her former employer (ADP) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and the Court of Appeal affirmed in part and reversed in part,…

Dinslage v. City & County of San Francisco, 5 Cal. App. 5th 368 (2016)

David P. Dinslage is a former employee of the Recreation and Parks Department of the City and County of San Francisco. As a result of a large-scale restructuring of the Department, Dinslage’s employment classification was eliminated and he was laid off.  Dinslage alleged age discrimination and retaliation, among other things,…

Fowler Packing Co. v. Lanier, 2016 WL 7321371 (9th Cir. 2016)

In 2015, the California legislature passed Assembly Bill 1513 in response to two state appellate court decisions that exposed employers to significant and unexpected minimum wage liability for piece-rate workers. The statute created a “safe harbor” that gave employers an affirmative defense against the new claims so long as the employer made back…

Driscoll v. Graniterock Co., 2016 WL 6994923 (Cal. Ct. App. 2016)

Brian Driscoll, et al., filed a putative class action against their employer, Graniterock, on behalf of 200 current and former concrete mixer drivers for its alleged failure to provide employees with off-duty meal periods and an additional hour of pay for meal periods during which the drivers opted to continue working. The class…