Category Archives: Employer Liability for Worker’s Actions

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Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members

Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023) The California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members who bring the virus home from their workplace, because “[a]n employer does not owe a duty of care under … Continue Reading

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant

By Tony Oncidi on October 9, 2022 Posted in Employer Liability for Worker's Actions, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues

Musgrove v. Silver, 82 Cal. App. 5th 694 (2022) As part of an entourage of family and friends, a Hollywood producer (Joel Silver) brought his executive assistant (who was employed through Silver’s company) as well as a French chef Silver personally employed to a luxurious resort in Bora Bora, French Polynesia to attend the August … Continue Reading

July 2020 California Employment Law Notes

By Tony Oncidi on July 31, 2020 Posted in California Labor Code, Discrimination, Employer Liability for Worker's Actions, Employment Law Notes, Independent Contractors, Leaves of Absence, Liability for Employee's Actions Outside the Workplace, Meal Periods and Rest Breaks, Off-the-clock Issues, PAGA, Religion, Sexual orientation discrimination, Uncategorized, Wage and Hour, Wage Statements

We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down … Continue Reading

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

By Tony Oncidi on July 31, 2020 Posted in Employer Liability for Worker's Actions

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers. Dickerson’s employer, 24-Hour Tire Service, provided tire repair and replacement services for Ahern’s equipment. Dickerson was killed on Ahern’s premises while he … Continue Reading

May 2020 California Employment Law Notes

By Tony Oncidi on May 19, 2020 Posted in ADA, Anti-SLAPP, Class Actions, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Policies, FCRA, Gender discrimination, Harassment, Hiring, Negligence, Off-the-clock Issues, Retaliation, Sexual Harassment, Vacation or PTO, Wrongful Termination

We invite you to review our newly-posted May 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee … Continue Reading

Lyft Was Not Liable For Accident Involving One Of Its Drivers

By Tony Oncidi on May 19, 2020 Posted in Employer Liability for Worker's Actions

Marez v. Lyft, Inc., 2020 WL 2108643 (Cal. Ct. App. 2020) While driving a car rented through Lyft’s “Express Drive Program,” Jonathan Guarano struck the plaintiffs and caused significant injuries. Plaintiffs sued Lyft under the doctrine of respondeat superior, but the trial court granted summary judgment to Lyft on the ground that at the time … Continue Reading

March 2020 California Employment Law Notes

By Tony Oncidi on March 12, 2020 Posted in California Labor & Employment Law, Class Actions, Constructive Discharge, Employer Liability for Worker's Actions, Equal Pay Act, FEHA, FLSA, Gender discrimination, Meal Periods and Rest Breaks, Overtime, Payroll, Settlement, Sexual Harassment, Sexual orientation discrimination, Unfair Competition, Wage and Hour, Workplace Safety

We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading

Employer Was Not Liable For The Death Of A Pedestrian Caused By Employee

By Tony Oncidi on March 12, 2020 Posted in Employer Liability for Worker's Actions

Bingener v. City of Los Angeles, 44 Cal. App. 5th 134 (2019) Kim Rushton, an employee of the City of Los Angeles, struck and killed a pedestrian (Ralph Bingener) while Rushton was driving to work at the Hyperion Treatment Plant. Bingener’s survivors sued the city on the theory that Rushton was a danger to others … Continue Reading

Employer Is Not Liable For Injuries Caused By Employee Who Was En Route To Work

By Tony Oncidi on November 9, 2017 Posted in California Labor & Employment Law, Employer Liability for Worker's Actions, Liability for Employee's Actions Outside the Workplace

Morales-Simental v. Genentech, Inc., 2017 WL 4700383 (Cal. Ct. App. 2017) Vincent Inte Ong was driving to work at Genentech when his vehicle collided with another vehicle, which resulted in the death of Marisol Morales. In this personal injury lawsuit, Morales’s survivors alleged that Ong was acting within the course and scope of his employment … Continue Reading

Punitive Damages Claim Against Employer Is Dismissed Absent Action By “Managing Agent”

By Tony Oncidi on July 10, 2017 Posted in California Labor & Employment Law, Employer Liability for Worker's Actions

CRST, Inc. v. Superior Court, 11 Cal. App. 5th 1255 (2017) Hector Contreras was employed as a truck driver by CRST when the truck he was driving collided with the car of Matthew and Michael Lennig. In this writ proceeding, CRST sought summary adjudication of the Lennigs’ prayer for punitive damages. The Court of Appeal … Continue Reading

Employee May Have Been On “Business Errand” At Time Of Traffic Collision

By Tony Oncidi on May 8, 2017 Posted in California Labor & Employment Law, Employer Liability for Worker's Actions

Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (Cal. Ct. App. 2017) Juan Campos was employed as a cement/mason finisher for Modern Alloys, Inc. when he was involved in a collision that injured Michael Sumrall, who was riding a motorcycle. Before his shift, Campos was required to drive from his home to Modern Alloys’ “yard” … Continue Reading

“Going and Coming” Rule Barred Employer Liability For Accident

By Tony Oncidi on January 9, 2017 Posted in California Labor & Employment Law, Employer Liability for Worker's Actions, Liability for Employee's Actions Outside the Workplace

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 … Continue Reading

Employer Is Not Liable For $885,000 In Damages Caused By Off-Duty Employee

By Tony Oncidi on October 26, 2016 Posted in California Labor & Employment Law, Employer Liability for Worker's Actions, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues

Jorge v. Culinary Inst. of Am., 3 Cal. App. 5th 382 (2016) Leopoldo Jorge, Jr., sued Almir Da Fonseca and his employer, the Culinary Institute of America, for injuries Jorge sustained when he was struck by a car driven by Da Fonseca. Da Fonseca, who is employed as a chef instructor for the Institute, had … Continue Reading

Thou Shalt Not Bully – Employers Must Educate Supervisors about “Abusive Conduct”

By Jose (Joe) Perez on September 12, 2014 Posted in Employee Discipline, Employer Liability for Worker's Actions, Employment Policies, Harassment, New and Proposed Laws and Legislation, News, Sexual Harassment, Workplace Violence

California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must now also include education on preventing “abusive conduct” in the workplace, even if the conduct is not based on a protected characteristic nor … Continue Reading

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