California Employment Law Update

Category Archives: Uncategorized

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Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Discrimination, Employment Law Notes, Religion, Uncategorized
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and office administrator.  Following the termination of her employment, Atkins sued the school for age discrimination in … Continue Reading

Police Sergeant Who Accessed Computer Database in Exchange for Money Did Not Violate CFAA

By Tony Oncidi on Posted in Computer Fraud and Abuse Act, Jury verdicts, Uncategorized
Van Buren v. United States, 593 U.S. ___, 141 S. Ct. 1648 (2021) Nathan Van Buren, a former police sergeant, ran a license-plate search in a law enforcement computer database in exchange for money.  Among other things, Van Buren was charged with violation of the Computer Fraud and Abuse Act (“CFAA”) for “exceed[ing] authorized access” to … Continue Reading

California Supreme Court Hands Employers a Mixed Bag on Meal Periods

By Tony Oncidi and Philippe A. Lebel on Posted in Uncategorized
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods:  (1) whether it is permissible to round meal period punch times, as with work start and stop times; and (2) whether records showing a missed, late, or short meal … Continue Reading

“See Ya Later, California!” Hewlett-Packard Moves its HQ from Silicon Valley to Texas

By Tony Oncidi and Kristina L. Sidrak on Posted in News, Uncategorized
Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it’s moving its global headquarters from San Jose, CA to Houston, TX and with it, thousands of jobs.  Citing “business needs, cost reduction opportunities, and team members’ preferences for the future of work,” HP plans … Continue Reading

California Expands Jury Rolls

By Tony Oncidi and Kristina L. Sidrak on Posted in Uncategorized
Gov. Newsom has signed Senate Bill 592 (“SB 592”) into law.  Effective next year, SB 592 requires jury commissioners across the state to include anyone who files state taxes in the pool of prospective jurors.  Currently, prospective jurors are summoned from lists of registered California voters and licensed drivers, which total approximately 47 million people.  While … 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

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in California Labor & Employment Law, PAGA, Uncategorized
Yesterday, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”).  See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019). In a rearguard effort to fight employment arbitration agreements, which usually include class action waivers, plaintiffs’ lawyers have been … Continue Reading

Tony Oncidi Recognized by the Burton Awards and the National Law Review for Distinguished Legal Writing

By Tony Oncidi on Posted in Uncategorized
March 12, 2019 (LOS ANGELES) – Partner Tony Oncidi has been recognized for distinguished legal writing by both the Burton Awards and the National Law Review. Tony’s article “Consider the True Implications of Waiving Arbitration” earned him recognition in the form of a Burton Award and a Law360 Distinguished Legal Writing Award for clear, concise and comprehensive legal … Continue Reading

Do California’s New Restrictions on Independent Contractors Apply Retroactively?

By Tony Oncidi and Hal Brody on Posted in California Labor & Employment Law, Employment Law Notes, Supreme Court, Uncategorized
On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if a worker may properly be classified as an employee or independent contractor. See  Cal. Employment Law Blog (May 1, 2018). An issue that the Court … Continue Reading

Court Reverses Defense Verdict In Sexual Harassment Case

By Tony Oncidi on Posted in California Labor & Employment Law, Employment Law Notes, Harassment, Uncategorized
Meeks v. AutoZone, Inc., 2018 WL 3062555 (Cal. Ct. App. 2018) Natasha Meeks worked as a store manager for AutoZone and claimed that she had been sexually harassed by Juan Fajardo, another store manager. Among other things, Meeks testified that Fajardo would comment on her body and clothes; ask her to go out with him; … Continue Reading

Supreme Court Upholds Employee Class Action Waivers

By Tony Oncidi on Posted in California Labor & Employment Law, Class Actions, Employment Law Notes, PAGA, Uncategorized
Epic Sys. Corp. v. Lewis, 584 U.S. ___, 138 S. Ct. 1612 (2018) The United States Supreme Court ruled that employers may require their employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in a class or collective action against the employer. In a 5-4 ruling in favor … Continue Reading

California Legislature Mulls New Package Of “Job Killer” Bills

By Tony Oncidi and Nayirie K. Mehdikhani on Posted in California Labor & Employment Law, New and Proposed Laws and Legislation, Uncategorized
By Anthony J. Oncidi and Nayirie Kuyumjian The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature. This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the … Continue Reading

Ninth Circuit Changes Federal Pay Equity Rules

By Tony Oncidi and Nayirie K. Mehdikhani on Posted in California Labor & Employment Law, Discrimination, Equal Pay Act, Uncategorized
By Anthony J. Oncidi and Nayirie Kuyumjian           On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification … Continue Reading

$48,000 Judgment Affirmed In Favor Of Former Parks & Recreation Employee

By Tony Oncidi on Posted in California Labor & Employment Law, FEHA, Sexual Harassment, Sexual orientation discrimination, Uncategorized
Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018) Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and … Continue Reading

Dodd-Frank Anti-Retaliation Protection Does Not Apply Absent Prior Notice To The SEC

By Tony Oncidi on Posted in California Labor & Employment Law, Uncategorized, Whistleblowers, Wrongful Termination
Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018) Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did … Continue Reading

California Expands Parental Leave Protections

By Tony Oncidi and Travis Hall on Posted in California Labor & Employment Law, Leaves of Absence, New and Proposed Laws and Legislation, Uncategorized
California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees.  Under the new law, which is set to take effect on January 1, 2018, employers with at least 20 employees must allow an employee who has more than … Continue Reading

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

By Tony Oncidi on Posted in California Labor & Employment Law, California Labor Code Section 202, California Labor Code Section 203, Client Alerts, Public Employment, Retirement, Supreme Court, Uncategorized
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

Employer Is Entitled To Recover $4 Million In Attorney’s Fees From EEOC

By Tony Oncidi on Posted in Attorney's Fees, California Labor & Employment Law, Harassment, Sexual Harassment, Title VII, Uncategorized
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 … Continue Reading

Trial Court Improperly Failed To Certify Class Action For Unpaid Overtime

By Tony Oncidi on Posted in Class Actions, Uncategorized, Wage and Hour
Alberts v. Aurora Behavioral Health Care, 2015 WL 6121981 (Cal. Ct. App. 2015) Valerie Alberts and others, formerly employed as members of the nursing staff at two acute care psychiatric hospitals owned and operated by Aurora, claimed that Aurora’s uniform practices and de facto policies routinely denied nursing staff employees their meal and rest periods … Continue Reading

Employees Who Allegedly Breached Employer’s Computer Use Policies Did Not Violate CFAA

By Tony Oncidi on Posted in Computer Fraud and Abuse Act, Uncategorized
SunPower Corp. v. SunEdison, Inc., 2015 WL 5316333 (N.D. Cal. 2015) Three former employees of SunPower were sued for allegedly breaching SunPower’s computer use policies by accessing files while they were still employed by SunPower that they allegedly later provided to their new employer (SunEdison). SunPower alleged that defendants violated the federal Computer Fraud and … Continue Reading

Terminated Actress Was Not Required To Exhaust Administrative Remedies Before Suing For Retaliation

By Tony Oncidi on Posted in Retaliation, Uncategorized
Sheridan v. Touchstone Television Prods., LLC, 2015 WL 6153287 (Cal. Ct. App. 2015) Nicollette Sheridan sued Touchstone after her contract on Desperate Housewives was not renewed, alleging that her termination was in retaliation for her complaint about a battery allegedly committed by show creator Marc Cherry. The trial court sustained Touchstone’s demurrer to the complaint … Continue Reading

Court Affirms $118,000 Verdict In Favor Of Fired Employee Who Reported A Crime To The Police

By Tony Oncidi on Posted in Retaliation, Uncategorized, Whistleblowers
Cardenas v. M. Fanaian, D.D.S., Inc., 240 Cal. App. 4th 1167 (2015) Rosa Lee Cardenas was terminated from her employment as a dental hygienist after she made a report to the police department that a coworker may have stolen her wedding ring at her workplace. Cardenas sued her employer (Dr. Fanaian) on the grounds that … Continue Reading
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