A California judge has ordered Farmers Insurance to pay almost $2.3 million in attorney’s fees to the lawyers of a successful whistleblower/former in-house attorney who claimed his role as a potential witness in a sex bias class action got him fired. The underlying judgment in favor of the whistleblower was $24.36 million – after the … Continue Reading
We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading
Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) Julie Gunther is an Alaska Airlines flight attendant who lives in San Diego. In this PAGA claim, Gunther alleged that her wage statements are not compliant with Cal. Labor Code § 226 because they fail to state the total hours worked; the number of … Continue Reading
Elation Sys., Inc. v. Fenn Bridge LLC, 71 Cal. App. 5th 958 (2021) Elation Systems sued one of its former software developers, Tiebiao “Joe” Shi, for breach of a nondisclosure agreement and a settlement agreement after he quit his employment and formed a new business entity called Efen Bridge (which became Fenn Bridge). At trial, … Continue Reading
We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to the Attorneys. A recently published report (the “Report”) from some of the former leaders of the California Department … Continue Reading
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
Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018) The employees in this case (belt sorters who worked at two publicly owned and operated recycling facilities under contracts with Los Angeles County Sanitation Districts) alleged the employers’ failure to pay the prevailing wage and to provide full 30-minute meal periods. The … Continue Reading
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading
California has amended Labor Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions (SB 462). Prior to enactment of Senate Bill 462, the prevailing … Continue Reading
Aleman v. AirTouch Cellular, 209 Cal. App. 4th 556 (2012) Two members of a putative class appealed from a trial court order granting summary judgment against them. The Court of Appeal affirmed summary judgment on the ground that the employee was not entitled to receive reporting time pay for attending meetings at work because all … Continue Reading
Alamo v. Practice Mgmt. Info. Corp., 2012 WL 4450066 (Cal. Ct. App. 2012) Lorena Alamo sued her former employer Practice Management Information Corp. (“PMIC”) for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act (“FEHA”) and wrongful termination in violation of public policy. Alamo was terminated for poor work performance … Continue Reading
The California Court of Appeal in Aleman v. AirTouch Cellular has addressed for the first time; (1) whether reporting time pay applies to training meetings which are scheduled in advance; (2) whether Split-shift premium pay should be paid if an employee earns more than the minimum wage for all hours worked plus one additional hour of pay … Continue Reading
Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012) Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of … Continue Reading
Henry M. Lee Law Corp. v. Superior Court, 204 Cal. App. 4th 1375 (2012) Henry M. Lee represented Ok Song Chang in employment litigation resulting in a $62,000 judgment in Chang’s favor following a jury trial. The trial court also awarded Chang $300,000 in attorney fees as a prevailing party under the applicable Labor Code … Continue Reading
The California Supreme Court issued its decision yesterday in Kirby v. Immoos Fire Protection, Inc., S185827, 2012 Cal. LEXIS 3981 (April 30, 2012), holding that attorney’s fees may not be awarded under Cal. Lab. Code § 218.5 to a party that prevails on a claim for meal and rest break violations. Section 218.5 provides that … Continue Reading
We invite you to review our newly-posted January 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Insurance Claims Adjusters May Be Exempt Administrative Employees Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Employee-Attorney’s $440,000 Verdict Against … Continue Reading
Aleman v. AirTouch Cellular, 202 Cal. App. 4th 117 (2011) Daniel Krofta and Mary Katz filed this putative class action against their employer, alleging reporting time pay violations and seeking additional compensation for working split shifts. Krofta sought reporting time pay for days he attended meetings at work even though he was furnished work (and … Continue Reading
Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011) Marcela Fuentes worked as a part-time customer service representative (cashier) for AutoZone. Fuentes alleged that two managers (Melvin Garcia and Gonzalo Carrillo) had spread rumors that Fuentes had sexually transmitted herpes; that she and a coworker were engaged in a sexual relationship; and that she … Continue Reading
Cordero-Sacks v. Housing Authority of Los Angeles, 200 Cal. App. 4th 1267 (2011) Ada Cordero-Sacks was terminated from her position as an attorney in the Los Angeles Housing Authority’s Office of Internal Control following her investigation of alleged internal misconduct and fraud within the Authority. Cordero-Sacks’s claim for retaliatory discharge under the California False Claims … Continue Reading
Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011) Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and … Continue Reading
We invite you to review our newly posted September 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Who Provided False SSN and Other Information Was Barred from Suing for Disability Discrimination Employer Did Not Violate CFRA by Transferring Employee upon Her … Continue Reading
Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (2011) Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of … Continue Reading
Wang v. Chinese Daily News, 623 F.3d 743 (2010) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to the creative … Continue Reading
On Wednesday, June 23, 2010, I will be speaking at the 2010 Employment Law Update telephonic conference sponsored by CEB. It is always a lively and informative program, and I encourage you to enroll. The program runs from 1:00 p.m. to 2 p.m. (Pacific). One hour of MCLE credit is available. Details after the break.… Continue Reading
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