We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading
Skidgel v. CUIAB, 2021 WL 3671434 (Cal. S. Ct. 2021) Tamara Skidgel was an in-home supportive services (IHSS) provider who was being paid under the state’s IHSS program to care for her own daughter. In this lawsuit, Skidgel alleged that she had been an IHSS provider for her daughter since May 2013 and expected to … Continue Reading
These days, more employers than ever are purchasing Employment Practices Liability Insurance (“EPLI”) to cover them in the event they get sued for employment-related claims. (See our earlier posting on that topic: “A Handy Guide for Choosing and Using Employment Practices Liability Insurance Coverage.”) As we pointed out in that article, there are definitely some … Continue Reading
Thompson Reuters has just published our “handy guide” for choosing and using employment practices liability insurance (“EPLI”). The article is attached. There are a number of important things to keep in mind when considering your options and using these insurance policies if and when an employment claim is made or threatened. Please let one of our employment … Continue Reading
Mayes v. WinCo Holdings, Inc., 846 F.3d 1274 (9th Cir. 2017) Katie Mayes worked at WinCo for 12 years in Idaho Falls, Idaho. During her last years at WinCo, she supervised employees on the night-shift freight crew. Mayes was fired for taking a stale cake from the store bakery to the break room to share … Continue Reading
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, … Continue Reading
Hartford Cas. Ins. Co. v. J.R. Marketing, L.L.C., 190 Cal. Rptr. 3d 599 (Cal. S. Ct. 2015) Hartford Casualty issued commercial general liability (“CGL”) policies to its insureds Noble Locks and J.R. Marketing. After the insureds were sued by a third party, Hartford issued reservation of rights letters based upon possible noncoverage under the policies … Continue Reading
Jon Davler, Inc. v. Arch Ins. Co., 229 Cal. App. 4th 1025 (2014) After one of the owners of Jon Davler, Inc. (Christina Yang) found a used sanitary napkin in the women’s bathroom and blood around the toilet seat, she started yelling at the employees that they were “dirty” and demanded to know which of … Continue Reading
Irving v. CUIAB, 229 Cal. App. 4th 946 (2014) Jim L. Irving who worked as a probationary heavy truck driver for the Los Angeles Unified School District was terminated for, among other things, taking excessively long breaks and falsifying his time records. The Court of Appeal determined that Irving had committed misconduct and was thus ineligible … Continue Reading
People ex rel. Strathmann v. Acacia Research Corp., 2012 WL 5233520 (Cal. Ct. App. 2012) Michael Strathmann filed a qui tam complaint against his former employer Acacia in which he alleged insurance fraud. In response, Acacia filed a special motion to strike the complaint pursuant to the anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16), … Continue Reading
Shanahan v. State Farm Gen. Ins. Co., 193 Cal. App. 4th 780 (2011) Cheryl Skigin (an attorney) sued her employer John M. Shanahan and various companies he owned for sexual battery, among other things. Shanahan settled the lawsuit for $700,000. Shanahan, who had a renter’s insurance policy with State Farm, sued State Farm for breach … Continue Reading
Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011) Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending on the entity with which it contracts and the terms of the contract, Cambridge adjusts general liability, vehicle-related and workers’ compensation claims. In their claim … Continue Reading
As of this writing, the Centers for Disease Control and Prevention has confirmed 109 cases of the H1N1 virus, commonly known as swine flu, in the United States. The World Health Organization has confirmed 331 cases of swine flu worldwide and has raised the pandemic threat level to Phase 5 on its six-step scale (Phase … Continue Reading
Westrec Marina Mgmt., Inc. v. Arrowood Indemn. Co., 163 Cal. App. 4th 1387 (2008) Westrec sued its insurance carrier, Arrowood, after the carrier refused to provide a defense to an employment discrimination lawsuit on the ground that Westrec had failed to timely report the third-party claim as required under the terms of two successive directors … Continue Reading
Harris v. Superior Court, 154 Cal. App. 4th 164 (2007) Plaintiffs, members of four coordinated class actions filed against two insurance companies, alleged they were improperly classified as exempt employees in violation of the administrative exemption from the overtime requirements of California law. Applying the Administrative/Production Worker Dichotomy analysis, the Court of Appeal concluded that … Continue Reading
In re Farmers Ins. Exch., 466 F.3d 853 (9th Cir. 2006) In this class action case, more than 2,000 current and former insurance claims adjusters sought overtime pay under the Fair Labor Standards Act (FLSA), alleging that Farmers had improperly classified them as exempt administrative employees. The Ninth Circuit applied a regulation issued by the … Continue Reading
Catholic Charities of Sacramento, Inc. v. Superior Court, 32 Cal. 4th 527 (2004) Catholic Charities challenged the Women’s Contraception Equity Act (WCEA) under the establishment and free exercise clauses of the United States and California Constitutions. Among other things, the WCEA requires that certain health and disability insurance contracts must cover prescription contraceptives. Although Catholic … Continue Reading
Coleman v. Standard Life Ins. Co., 288 F. Supp. 2d 1116 (E.D. Cal. 2003) Floyd Coleman, who was employed as a probation officer for the County of Sacramento, sued Standard Life Insurance Company after it denied him long-term disability benefits for his knee condition and chronic back pain. Coleman sued for a violation of ERISA … Continue Reading
Huang v. L.A. Haute, 106 Cal. App. 4th 284 (2003) Ai Zhen Huang was employed as a housekeeper at the home of Brad Hunter, but was on the payroll of L.A. Haute, a furniture manufacturing business in which Hunter was a partner. Huang was employed for approximately two years before her employment was terminated on … Continue Reading
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