LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)

Plaintiff Robert LaCour, a former “loss prevention specialist” for Marshalls, appealed from a judgment in favor of his former employer and certain affiliated entities.  Marshalls filed a demurrer arguing that because LaCour’s employment with Marshalls ended in May 2019, he had only a year and 65 days to bring a PAGA

California Dep’t of Corr. & Rehab. v. WCAB, 2023 WL 5198517 (Cal. Ct. App. 2023)

Under the Workers’ Compensation Act, if a worker is injured because of the employer’s serious and willful misconduct, the “compensation” the worker is entitled to receive increases by one half.  The statute defining “compensation” limits the term to benefits or payments provided by Division 4 of the Labor Code.  

Accurso v. In-N-Out Burgers, 2023 WL 5543525 (Cal. Ct. App. 2023)

Plaintiffs Tom Piplack and Brianna Marie Taylor filed PAGA actions in Orange and Los Angeles Counties, respectively, against respondent In-N-Out Burgers (In-N-Out).  When they learned about settlement negotiations in a later, overlapping PAGA action brought by Ryan Accurso against In-N-Out in Sonoma County, Piplack and Taylor filed a proposed complaint to intervene in

Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)

After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after their individual claims have been compelled to arbitration.

Erik Adolph worked as a driver for Uber, delivering food to customers through Uber’s online platform.  As

Rossi v. Sequoia Union Elementary Sch., 2023 WL 5498732 (Cal. Ct. App. 2023)

Pursuant to the State Public Health Officer Order of August 11, 2021, K-12 schools were required to verify the COVID-19 vaccination status of all school workers and to require proof of vaccination or weekly diagnostic screen testing.  Plaintiff Gloria Elizabeth Rossi, an employee of the school district, refused to disclose her

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 violation of the California Fair Employment and Housing

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 the law enforcement database.  A jury convicted Van Buren

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 period raise a presumption of non-compliance on summary judgment/adjudication,

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 to complete the move to Houston by early 2022.  This

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 there will likely be significant overlap, SB 592 is