California Employment Law Update

Category Archives: Public Employment

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March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

Doctor Proved Age/Race/Gender Discrimination

Department of Corr. & Rehab. v. State Pers. Bd., 2022 WL 354657 (Cal. Ct. App. 2022) Vickie Mabry-Height, M.D., sued the Department of Corrections and Rehabilitation, alleging discrimination on the basis of age, race and gender in violation of the California Fair Employment and Housing Act (FEHA). The State Personnel Board sustained Dr. Mabry-Height’s complaint … Continue Reading

California’s Latest Gift to the Public Employee Unions is Challenged in Federal Court

On Tuesday, seven elected officials from various local government bodies challenged a recently enacted California state law that prohibits a public employer from “deter[ing] or discourag[ing] public employees from becoming or remaining members” of a union. The challenged statute (which was part of Senate Bill 866) was a rearguard action that the public employee unions … Continue Reading

Supreme Court Bars Mandatory Union Dues For Public Employees

In a highly anticipated decision, the United States Supreme Court today held that it is a violation of the First Amendment to require public sector employees who are not members of a union to pay any union dues, even when a portion of those dues is attributable to the costs of collective bargaining on behalf … Continue Reading

Claims For Retaliation And Intentional Infliction Of Emotional Distress Should Not Have Been Dismissed

Light v. California Dep’t of Parks & Recreation, 14 Cal. App. 5th 75 (2017) Melony Light worked as an assistant, office technician and eventually a staff services analyst at the Ocotillo Wells District of the California Department of Parks and Recreation. Light alleged that she had been retaliated against for having been a witness in … Continue Reading

Employer Can Recover $90,000 In Costs From Employee Who Rejected Multiple Settlement Offers

Sviridov v. City of San Diego, 2017 WL 3493855 (Cal. Ct. App. 2017) Aleksei Sviridov, a former police officer for the City of San Diego, was terminated from his job in 2007, reinstated in 2008 and then failed to return to work thereafter, which resulted in a second termination. Following years of litigation and three … Continue Reading

Employer That Paid Females Less Than Males Based On Prior Salaries May Avoid Liability Under Equal Pay Act

Rizo v. Yovino, 2017 WL 1505068 (9th Cir. 2017) Aileen Rizo, who is an employee of the public schools in Fresno County, sued for violation of the federal Equal Pay Act (“EPA”) after she learned that her male counterparts were being paid more for performing the same work. In its summary judgment motion, the county … Continue Reading

Employee’s FEHA Retaliation Claim Was Properly Dismissed

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.  … Continue Reading

Prompt Final Pay Provisions Of California Labor Code Apply To Retiring Employees

McLean v. State of Cal., 2016 WL 4395672 (Cal. S. Ct. 2016) Janis McLean, a retired deputy attorney general, filed suit against the State of California on behalf of herself and a class of former state employees who, having resigned or retired, did not receive their final wages within the time period set forth in … Continue Reading

Statute Of Limitations For Constructive Discharge Claim Began To Run After Employee’s Resignation Date

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 … Continue Reading

LAPD Requirement That Training Costs Be Reimbursed Violates Labor Code

In re Acknowledgement Cases, 239 Cal. App. 4th 1498 (2015) The City of Los Angeles requires all newly hired police officers to attend and graduate from the Los Angeles Police Academy. After the city realized that many officers who graduated from the academy were leaving within a few years to join other law enforcement agencies, … Continue Reading

University Professor Was Properly Terminated For Refusing Fitness-For-Duty Exam

Kao v. The University of San Francisco, 229 Cal. App. 4th 437 (2014) Dr. John S. Kao was a tenured professor at USF who submitted a 485-page complaint (plus a 41-page addendum) to the university alleging race-based discrimination and harassment at the school. Kao was not satisfied with the university’s two-page response, which he said … Continue Reading

School District Could Be Vicariously Liable For Negligent Supervision Of School Personnel

C.A. v. William S. Hart Union High Sch., 53 Cal. 4th 861 (2012) Through a guardian ad litem, C.A. alleged that while he was a student at Golden Valley High School, he was subjected to sexual harassment and abuse by Roselyn Hubbell, the head guidance counselor at his school. C.A. sued the school district for … Continue Reading

Social Workers May Not Be “Learned Professionals” Who Are Exempt From The FLSA

Solis v. State of Washington, 656 F.3d 1079 (9th Cir. 2011) The U.S. Secretary of Labor filed a complaint against the State of Washington’s Department of Social and Health Services (“DSHS”), alleging a violation of the Fair Labor Standards Act of 1938 (“FLSA”) based upon the DSHS’s classification of its social workers as “learned professionals” … Continue Reading

Court Commissioner May Proceed With Age Discrimination Claim

DeJung v. Superior Court, 169 Cal. App. 4th 533 (2008) Theodore DeJung, a former part-time commissioner of the Sonoma County Superior Court, filed a lawsuit alleging age discrimination after he was not selected to become a full-time commissioner. Before DeJung’s application was denied (in favor of a 43 year old), the Court’s presiding judge told him that … Continue Reading

Disabled County Employees Were Not Entitled To Cash-Out Of Their Vacation Benefits

Los Angeles County Professional Peace Officers’ Ass’n v. County of Los Angeles, 115 Cal. App. 4th 866 (2004) William Kupper and Bennie Layne worked as investigators for the Los Angeles County District Attorney’s Office before becoming temporarily disabled after being injured on the job. Kupper and Layne both retired after their disabilities became permanent. Under … Continue Reading

Stripper Cop’s Termination May Have Violated His Right To Free Speech

Roe v. City of San Diego, 356 F.3d 1108 (9th Cir. 2004) While working as a San Diego police officer, John Roe videotaped himself stripping off a generic police officer’s uniform and engaging in acts of masturbation. Roe sold the videos on the adults-only section of eBay – under the username “Code3stud@aol.com.” After one of … Continue Reading

City Is Not Liable For Actions Of Employees Who Acted Outside Scope Of Official Duties

Hoblitzell v. City of Ione, 110 Cal. App. 4th 675 (2003) Timothy Hoblitzell, a construction contractor, sued three employees of the City of Ione and the city itself after the employees identified themselves to one of Hoblitzell’s customers (a property owner) as building inspectors, told the customer that Hoblitzell had been performing the construction without … Continue Reading
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