Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016)
Call center employees of Time Warner Entertainment-Advance/Newhouse Partnership (“TWEAN”) alleged that their employer’s compensation policy of rounding all employee time stamps to the nearest quarter hour deprived them of earned overtime. The lead plaintiff also claimed he was not compensated for one minute of time when he mistakenly opened an auxiliary computer…
Encino Motorcars, LLC v. Navarro, 579 U.S. ___, 2016 WL 3369424 (2016)
An amendment to the Fair Labor Standards Act (“FLSA”) exempts from its overtime requirements “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.” Later, the U.S. Department of Labor (“DOL”) issued an opinion letter and amended its Field Operations Handbook to state that service advisors also…
ViaView, Inc. v. Retzlaff, 2016 WL 3626708 (Cal. Ct. App. 2016)
ViaView filed a petition for a workplace violence restraining order against Thomas Retzlaff, a resident of Texas, who had filed a motion to quash the petition for lack of personal jurisdiction. The trial court denied the motion to quash and granted a permanent injunction against Retzlaff. The Court of Appeal issued a peremptory…
Popescu v. Apple Inc., 2016 WL 3578970 (Cal. Ct. App. 2016)
Dan Popescu sued Apple Inc. for damages after he was fired by his employer, Constellium Rolled Products Ravenswood, LLC. Popescu alleged that Apple took affirmative steps to convince Constellium to fire him in retaliation for his resistance to Apple’s alleged anticompetitive conduct. The trial court sustained Apple’s demurrer to Popescu’s first amended complaint,…
Green v. Brennan, 578 U.S. ___, 136 S. Ct. 1769 (2016)
Marvin Green alleged racial discrimination under Title VII of the Civil Rights Act, claiming he was denied a promotion because he is black; his supervisors had accused Green of the crime of intentionally delaying the mail. In an agreement between the parties dated December 16, 2009, the Postal Service agreed not to pursue criminal…
Moore v. The Regents of the Univ. of Cal., 2016 WL 3434186 (Cal. Ct. App. 2016)
Deborah Moore was employed as the Director of Marketing for the University of California San Diego (UCSD) until her job was eliminated shortly after she got a new supervisor who believed that the job functions that Moore was performing had decreased to such a point that the supervisor…
City of Petaluma v. Superior Court, 2016 WL 3342543 (Cal. Ct. App. 2016)
Andrea Waters, who worked as a firefighter and paramedic for the City of Petaluma, alleged she was harassed and discriminated against based upon her sex. Waters also claimed she suffered retaliation after she complained about the treatment. Waters took a leave of absence from her job, filed a complaint with the…
United States v. Nosal, 2016 WL 3608752 (9th Cir. 2016)
In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a criminal indictment against David Nosal (a former employee of Korn/Ferry International) as a result of his obtaining information from Korn/Ferry’s computer system for the purpose of defrauding Korn/Ferry and setting up a competing executive search…
Ramos v. Garcia, 2016 WL 3537366 (Cal. Ct. App. 2016)
Rogelio Ramos sued his former employers for unpaid overtime, minimum wages and other compensation and obtained some of the monetary recovery he requested. Ramos also sued Manuel Garcia (Ramos’s former manager) under the same theories and lost on the ground that Garcia was a co-employee and not the owner/employer; the trial court awarded Garcia…
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016)
The EEOC filed suit against CRST (a trucking company) alleging that over 250 female employees and prospective employees had been subjected to sexual harassment. However, the district court dismissed all of the claims on various grounds, including that the EEOC had not adequately investigated or attempted to conciliate its claims on…
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