California Employment Law Update

Tag Archives: California Court of Appeal

July 2022 California Employment Law Notes

We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading

Extended Statute Of Limitations Does Not Apply To Employer Of Felon

Cardenas v. Horizon Senior Living, Inc., 78 Cal. App. 5th 1065 (2022) The victim of a felony has an extended statute of limitations in which to bring an action for personal injury or wrongful death against the person convicted of that felony pursuant to Cal. Code Civ. Proc. § 340.3 (“Section 340.3”). Mauricio Cardenas (who … Continue Reading

Employer May Have Willfully Violated FCRA By Not Providing Employees Proper Background Check Notice

Hebert v. Barnes & Noble, Inc., 78 Cal. App. 5th 791 (2022) The federal Fair Credit Reporting Act (“FCRA”) requires an employer to provide a job applicant with a standalone disclosure stating that the employer may obtain the applicant’s consumer report when making a hiring decision. In this putative class action, Vicki Hebert alleged that … Continue Reading

Summary Judgment Was Properly Granted To Employer In Whistleblower Case

Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022) Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her after she reported that she was working below her service classification, which she believed evidenced a violation of the law. … Continue Reading

May 2022 California Employment Law Notes

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

Workers Do Not Need To Establish They Were Hired Before ABC Test Can Be Applied

Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022) Plaintiffs, unlicensed flooring installers, installed floors on behalf of Roussos Construction, a general contractor. There were three individuals working between plaintiffs and Roussos whom plaintiffs called “supervisors” and Roussos called “subcontractors.” At trial, Roussos maintained that it used independent contractors (the three individuals) who … Continue Reading

Trial Court Should Not Have Dismissed PAGA Claims On Unmanageability Grounds

Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022) In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal held that trial courts have inherent authority to strike unmanageable PAGA claims. The Court of … Continue Reading

School District Is Not Liable For Teacher’s Sexual Relationship With Student

Doe v. Anderson Union High School Dist., 2022 WL 1404140 (Cal. Ct. App. 2022) A teacher at Anderson Union High School allegedly had a sexual relationship with one of his students, which included sexual activities in the classroom. The student sued the school district, the principal and superintendent for negligent hiring and supervision. The trial … Continue Reading

California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete

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

Former UCLA Physician Can Proceed With Whistleblower Claims

Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and others for alleged whistleblower retaliation. Dr. Scheer asserted claims under Cal. Lab. Code § 1102.5 (“Section 1102.5”), Cal. Gov’t Code § 8547, et seq., and Cal. Health … Continue Reading

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

Court Properly Denied Class Certification For Wage Hour Claims Involving Rounding

Cirrincione v. American Scissor Lift, Inc., 73 Cal. App. 5th 619 (2022) Jason Cirrincione filed a putative class action lawsuit against his former employer for various wage and hour violations, including failure to pay overtime and minimum wages, meal and rest breaks, waiting time penalties, Cal. Labor Code § 2802, etc. These claims were predicated … Continue Reading

Employer Not Required To Provide Workplace Seating To Grocery Cashiers

La Face v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. 2022) Jill La Face, who worked as a grocery store cashier, filed this PAGA claim against her employer, alleging that Ralphs violated an Industrial Wage Commission order that requires employers to provide suitable seating when the nature of the work reasonably permitted the … 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

Doctor Proved Age/Race/Gender Discrimination

Department of Corr. & Rehab. v. State Pers. Bd., 2022 WL 354657 (Cal. Ct. App. 2022) Vickie Mabry-Height, M.D., sued the Department of Corrections and Rehabilitation, alleging discrimination on the basis of age, race and gender in violation of the California Fair Employment and Housing Act (FEHA). The State Personnel Board sustained Dr. Mabry-Height’s complaint … Continue Reading

January 2022 California Employment Law Notes

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

Flight Attendants Are Entitled To Labor Code Compliant Wage Statements

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

Trial Court Failed To Properly Assess Fairness Of PAGA Settlement

Moniz v. Adecco USA, Inc., 72 Cal. App. 5th 56 (2021) Rachel Moniz filed a PAGA notice with the Labor Workforce and Development Agency (“LWDA”) and a subsequent lawsuit alleging that Adecco, her former employer, maintained and implemented unlawful limitations on the disclosure of information such as wages, working conditions and non-public information of commercial … Continue Reading

Employer Prevails On Breach Of Nondisclosure Agreement Claim Against Former Employee

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

Security Officer Can Proceed With Disability Discrimination And Wrongful Termination Claims, But Not Retaliation Claim

Zamora v. Security Indus. Specialists, Inc., 71 Cal. App. 5th 1 (2021) David Zamora sued his former employer, Security Industry Specialists, Inc. (“SIS”), for disability discrimination, wrongful termination and retaliation. Eight days after he was hired, Zamora tripped over a curb at work and twisted his left knee. Zamora was later laid off as part … Continue Reading

Nurse’s Discrimination Claims Against Hospital Were Properly Dismissed

Wilkin v. Community Hosp. of the Monterey Peninsula, 71 Cal. App. 5th 806 (2021) Kimberly Wilkin worked as a registered nurse for the Community Hospital of the Monterey Peninsula before the hospital terminated her employment following its discovery she had violated the hospital’s policies governing the handling and documentation of patient medications. After her termination, … Continue Reading

“Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute

Woods v. American Film Institute, 2021 WL 5978072 (Cal. Ct. App. 2021) Laurie Woods worked for four days as a volunteer at the AFI Film Festival in Los Angeles. She alleges that she worked between 12 and 14 hours each of those days and that she and the other volunteers she purported to represent in … 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
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