We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading
Limon v. Circle K Stores Inc., 2022 WL 14391789 (Cal. Ct. App. 2022) Plaintiff Ernesto Limon was employed by Circle K (which operates gas stations and convenience stores in California) for just one month before filing this putative class action lawsuit against his former employer, alleging violation of the Fair Credit Reporting Act (FCRA). Limon … Continue Reading
CSV Hospitality Mgmt. LLC v. Lucas, 84 Cal. App. 5th 117 (2022) CSV Hospitality Management LLC obtained a restraining order under the Workplace Violence Safety Act against Jermorio Lucas who was living at the Aranda Residence, a residential hotel that provides supportive housing to formerly homeless individuals. In support of its petition against Lucas, CSV … Continue Reading
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a motion to stay the litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed. After the … Continue Reading
Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell … Continue Reading
Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022) In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the hearing on defendant’s motion for summary judgment. Just four minutes after the court … Continue Reading
Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position. Although she received an offer for a full-time position, it was contingent upon her passing a … Continue Reading
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … Continue Reading
We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading
Johar v. CUIAB, 2022 WL 4139848 (Cal. Ct. App. 2022) Reena Johar, a home improvement sales person, left work to care for a terminally ill relative, but after just one week, the employer “decided she had quit” and gave her no new sales appointments. Although Johar told the Employment Development Department that she lost her … Continue Reading
Malloy v. Superior Court, 2022 WL 4298371 (Cal. Ct. App. 2022) Eleanor Malloy began working remotely for her employer (which was located in Orange County) at her home in Los Angeles County in March 2020 due to the COVID-19 pandemic. Malloy filed a complaint in the Los Angeles Superior Court, alleging pregnancy discrimination under the … Continue Reading
Meda v. AutoZone, Inc., 81 Cal. App. 5th 366 (2022) Monica Meda worked as a sales associate at an AutoZone for approximately six months before quitting and suing for violation of the Private Attorneys General Act (“PAGA”), asserting AutoZoners (the operating company for AutoZone) had failed to provide suitable seating to employees at the cashier … Continue Reading
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) Technology Credit Union (“TCU”) obtained a Workplace Violence Restraining Order (“WVRO”) against one of its members (Matthew Mehdi Rafat) based on TCU’s evidence that Rafat allegedly made a credible threat of violence against M.L., one of TCU’s employees. The Court of Appeal reversed the … Continue Reading
Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5). Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading
Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022) Rigoberto Jose Manuel sued his former employer, BrightView Landscape Services, Inc., for wrongful termination after he was injured on the job. Manuel alleged his employment was terminated in retaliation for his job injury; BrightView asserted that Manuel failed to return to work due to federal … Continue Reading
Musgrove v. Silver, 82 Cal. App. 5th 694 (2022) As part of an entourage of family and friends, a Hollywood producer (Joel Silver) brought his executive assistant (who was employed through Silver’s company) as well as a French chef Silver personally employed to a luxurious resort in Bora Bora, French Polynesia to attend the August … Continue Reading
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
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
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
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
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
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
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
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
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