We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading
Bishop v. The Bishop’s School, 86 Cal. App. 5th 893 (2022) Chad Bishop was a teacher at The Bishop’s School for 16 years. In March 2019, Bishop entered into a contract as an English teacher for the 2019-20 academic year. In September 2019, Bishop and Kendall Forte, a 19-year-old former student of the School who … Continue Reading
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading
LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022) California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed a “Solar Representative Agreement,” which included noncompetition, nonsolicitation and confidentiality provisions as well as Utah … Continue Reading
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
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
Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan. 10, 2022), affirmed that a post-termination customer non-solicitation agreement was enforceable under California Business & Professions Code § 16601. Under most circumstances, contractual provisions that … Continue Reading
We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading
Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019) Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and … Continue Reading
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading
Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018) Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner … Continue Reading
AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country. As a condition of employment with AMN, four of its “travel nurse recruiters” had signed a Confidentiality … Continue Reading
We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint Court … Continue Reading
Lacagnina v. Comprehend Sys. Inc., 25 Cal. App. 5th 955 (2018) David Lacagnina sued his former employer for fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and “theft of labor by false pretenses” in violation of Cal. Pen. Code §§ 484 and 496. The jury awarded $556,446 in … Continue Reading
Monster Energy Co. v. Schechter, 26 Cal. App. 5th 54 (2018) The attorneys for two individuals who had sued Monster Energy Company signed and approved as to “content and form” a confidential settlement agreement between the individuals and Monster. During an interview with a reporter for lawyersandsettlements.com, one of the plaintiffs’ attorneys disclosed information that … Continue Reading
Harris v. County of Orange, 2018 WL 4211161 (9th Cir. 2018) This case arises from a restructuring of two benefit plans that the County of Orange provides to its retirees. The retirees allege they have an implied contractual right to receive the benefits provided to them throughout their retirement. Although the district court dismissed the … Continue Reading
Shapira v. Lifetech Resources, LLC, 2018 WL 1804993 (Cal. Ct. App. 2018) Achikam Shapira sued his former employer for breach of an employment contract. The case proceeded to a bench trial. After the parties rested but before submitting their closing arguments in brief form, Shapira requested that the trial court dismiss his action pursuant to … Continue Reading
Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018) Bel Air Internet sued two of its former employees, Albert Morales and Flavio Delabra, for encouraging their fellow employees to quit and sue the company for alleged employment violations rather than sign a release of claims as Bel Air had requested. Bel … Continue Reading
DeSaulles v. Community Hosp. of the Monterey Peninsula, 62 Cal. 4th 1140 (2016) Maureen deSaulles agreed to dismiss her causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing in exchange for a settlement payment from her former employer in the amount of $23,000. The trial … Continue Reading
USS-POSCO Indus. v. Case, 197 Cal. Rptr. 3d 791 (Cal. Ct. App. 2016) Floyd Case voluntarily enrolled in a three-year, employer-sponsored educational program. Case agreed in writing that if he quit his job within 30 months of completing the program, he would reimburse his employer (UPI) a prorated portion of the program costs. Two months … 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
NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011) NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device (“TMRD”), which NewLife had purchased approximately one year before the termination. In connection with its purchase of the TMRD, NewLife had obtained a non-compete covenant, which prohibited Weinstock … 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
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