California Employment Law Update

Category Archives: Liability for Employee’s Actions Outside the Workplace

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October 2022 California Employment Law Notes

By Tony Oncidi on Posted in California Labor Code, Coronavirus, COVID-19, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Law Notes, Immigration, Labor Code § 132, Leaves of Absence, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues, PAGA, Reasonable Accommodation, Retaliation, Serious Health Conditions, Statute of Limitations, Whistleblowers, Workplace Violence, Wrongful Termination
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 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 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

Another Gargantuan California Verdict… This Time for $18.6 Million

By Tony Oncidi and Elaine H. Simson on Posted in Arbitration Agreements, California Labor & Employment Law, Defamation, Jury verdicts, Liability for Employee's Actions Outside the Workplace, Verdict, Wrongful Termination
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from his job as a field sales leader after he admitted to Allstate that he was arrested for domestic violence … Continue Reading

Employer Not Vicariously Liable For Injuries Caused By Employee During His Commute

By Tony Oncidi on Posted in California Labor & Employment Law, Employment Law Notes, Liability for Employee's Actions Outside the Workplace
Newland v. County of Los Angeles, 234 Cal. Rptr. 3d 374 (Cal. Ct. App. 2018) Donald Prigo worked as a Deputy Public Defender for the County. One day on his way home from work, Prigo hit a car driven by Kevin Vargas who was forced off the road and injured a pedestrian (plaintiff, Jake Newland). … Continue Reading

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

By Tony Oncidi on 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

“Going and Coming” Rule Barred Employer Liability For Accident

By Tony Oncidi on 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 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

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

By Jacklina Len and Laura Reathaford on Posted in Liability for Employee's Actions Outside the Workplace
Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties.  After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his wife.  The trip to Bakersfield on this occasion exceeded his normal commute by approximately 140 miles (notably, Martinez … Continue Reading

California Court Limits “Coming And Going” Exception In Finding Employer Liable For Car Accident That Occurred While Employee Was Commuting From Work And Running Personal Errand

By Anthony DiBenedetto and Enzo Der Boghossian on Posted in Liability for Employee's Actions Outside the Workplace
Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents.  When facing such claims, California employers have generally been able to rely on legal exceptions that carve out an employee’s regular commute as well … Continue Reading
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