California Employment Law Update

Category Archives: Unfair Competition

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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

Former Owner of Company Is Enjoined From Soliciting Customers

Blue Mountain Enterprises, LLC v. Owen, 74 Cal. App. 5th 537 (2022) Gregory S. Owen transferred his ownership interest in several real estate and construction-related firms to Blue Mountain Enterprises, LLC, as part of a joint venture with Acolyte Limited. Owen became Blue Mountain’s CEO and he agreed to a post-employment non-solicitation provision, which precluded … Continue Reading

Court Rejects Netflix’s Challenge to Poaching Injunction

In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus permanently barring the streaming giant from poaching Fox executives by inducing them to breach their fixed-term employment contracts. Netflix challenged the injunction, which … Continue Reading

November 2021 California Employment Law Notes

We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Resurrects California’s Anti-Arbitration Statute In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute Employee Can Proceed With … Continue Reading

Newspaper Delivery Carriers May Be Employees Under Borello Independent Contractor Test

Becerra v. The McClatchy Co., 2021 WL 4472625 (Cal. Ct. App. 2021) Newspaper home delivery carriers for The Fresno Bee sued for violation of the Unfair Competition Law for failure to pay their mileage expenses as required by Cal. Lab. Code § 2802. The Trial court determined the carriers were independent contractors and not employees and entered … Continue Reading

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state.  We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … Continue Reading

March 2020 California Employment Law Notes

We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading

January 2019 California Employment Law Notes

We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” City Attorney Should Not Have Been Disqualified From Representing City Prevailing Employer Should Not Have … Continue Reading

Employer’s Rounding Policy Complied With California Law

Donohue v. AMN Servs., LLC, 2018 WL 6445360 (Cal. Ct. App. 2018) AMN used a computer-based timekeeping system for all nonexempt employees, including plaintiffs/nurse recruiters. The timekeeping system rounded recruiters’ punch times (both punch in and punch out) to the nearest 10-minute increment. To establish the proper hourly compensation, AMN converted each 10-minute increment to … Continue Reading

Payments Made To Union Trust Fund Are Not Subject To California Wage Statement Law

Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018) Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act … Continue Reading

Missed Meal Break Class Action Was Properly Certified

Safeway, Inc. v. Superior Court, 238 Cal. App. 4th 1138 (2015) Plaintiffs in this class action lawsuit alleged claims against Safeway and Vons for failure to provide meal and rest breaks, failure to provide itemized pay statements, unfair business practices under the Unfair Competition Law (“UCL”) and penalties under the Labor Code Private Attorneys General … Continue Reading

Second-Place Bidder On Public Works Contract Could Proceed With Tortious Interference Claim

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2015 WL 738675 (Cal. Ct. App. 2015) Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply a slurry seal protective … Continue Reading

Unfair Competition Claim Against Trucking Company is Not Preempted By Federal Law

People v. Pac Anchor Transp., Inc., 2014 WL 3702674 (Cal. S. Ct. 2014) The People on behalf of the State of California filed this unfair competition law (“UCL”) action against Pac Anchor Transportation, Inc., for misclassifying drivers as independent contractors and for other alleged violations of California labor and unemployment insurance laws.  In response, Pac … Continue Reading

Unfair Competition Claim Against Franchisor Was Properly Dismissed

Aleksick v. 7-Eleven, Inc., 205 Cal. App. 4th 1176 (2012) Kimberly Aleksick, who worked as a clerk at a 7-Eleven store, sued 7-Eleven (the franchisor of the store where Aleksick was employed) for violation of the Unfair Competition Law (“UCL”). Aleksick alleged that 7-Eleven, which provides payroll services to its franchisees, violated the UCL by … Continue Reading

PAGA Judgment Is Mostly Affirmed In Employee’s Favor

Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012) Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of … Continue Reading

California Overtime Requirements Apply To Work Performed By Non-Resident Employees

Sullivan v. Oracle Corp., 662 F.3d 1265 (2011) Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their … Continue Reading

Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative

Pirjada v. Superior Court, 201 Cal. App. 4th 1074 (2011) Putative class representative Obaidul H. Pirjada filed a complaint on behalf of himself and a putative class of all security guards who had been employed in California by Pacific National Security, Inc. during the preceding four years. The complaint alleged a failure to provide meal-and-rest … Continue Reading

Prevailing Employer Should Have Been Permitted To Recover Its Costs from Employee

Plancich v. UPS, Inc., 198 Cal. App. 4th 308 (2011) Larry Plancich sued UPS for failure to pay overtime, meal and rest breaks; failure to keep, maintain and furnish accurate wage statements, and unfair competition, among other claims. The trial court ruled in favor of UPS on the unfair competition claim and a jury found … Continue Reading

California Overtime Rules Apply To Out-of-State Residents Who Work In The State

Sullivan v. Oracle Corp., 51 Cal. 4th 1191 (2011) In this case, the California Supreme Court answered three questions certified to it by the United States Court of Appeals for the Ninth Circuit as follows: (1) California’s overtime law applies to work performed in California for a California employer by nonresident workers; (2) the Unfair … Continue Reading

Supreme Court Extends California’s Overtime Laws To Non-Resident Employees

In Sullivan v. Oracle, No. S170577 (Cal. June 30, 2011), the California Supreme Court today resolved three important questions posed by the federal Court of Appeals for the Ninth Circuit regarding California law: (1) Does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs, such that … Continue Reading

“Explicit Mutual Wage Doctrine” Barred Janitor’s Claim For Additional Unpaid Overtime

Arechiga v. Dolores Press, Inc., 192 Cal. App. 4th 567 (2011) Carlos Arechiga worked as a janitor for Dolores Press for almost seven years at which time his employment was terminated. Although Arechiga filed a complaint alleging various causes of action, only his claim for violation of the Unfair Competition Law went to trial. Arechiga, … Continue Reading

Claims Adjusters Were Properly Classified As Exempt Administrative Employees

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

Employer Could Proceed With Defamation And Interference Claims Against Employees Who Protested Their Termination

Overhill Farms, Inc. v. Lopez, 190 Cal. App. 4th 1248 (2010) After the IRS notified Overhill Farms that 231 of its then-current employees had provided invalid social security numbers, Overhill contacted the employees identified by the IRS, advised them that their social security numbers were invalid according to the IRS, and provided them with the … Continue Reading
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