California Employment Law Update

Tag Archives: California Court of Appeal

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

City Attorney Should Not Have Been Disqualified From Representing City

City of San Diego v. Superior Court, 2018 WL 6629322 (Cal. Ct. App. 2018) As part of an internal affairs investigation regarding the unauthorized disclosure of a confidential police report, the San Diego Police Department questioned detective Dana Hoover regarding communications she had had with an attorney who was representing her in an employment-related lawsuit … Continue Reading

Employer May Be Liable For Accident Caused By On-Call Employee

Moreno v. Visser Ranch, Inc., 2018 WL 6696021 (Cal. Ct. App. 2018) Ray David Moreno, a passenger riding in a truck that his father (Ernesto Moreno) was driving, was injured when the truck left the roadway, hit an embankment and rolled over. Ray sued his father, the corporation that employed his father and an affiliated … 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

Employees Who Voluntarily Used Company Vehicle Are Not Entitled To Travel Time

Hernandez v. Pacific Bell Tel. Co., 29 Cal. App. 5th 131 (2018) Employees of Pacific Bell who install and repair video and internet services in customers’ homes asserted a putative class action against the company for allegedly unpaid compensation for time they spent traveling in an employer-provided vehicle (loaded with equipment and tools) between their … Continue Reading

Employees Are Entitled To Additional Compensation For Shortened Meal Periods

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

Property Inspectors’ Putative Class Action Was Properly Denied Certification

McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018) Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that … Continue Reading

Former Librarian’s Discrimination Claims Were Barred On Various Legal Grounds

Wassmann v. South Orange County Cmty. Coll. Dist., 2018 WL 3063946 (Cal. Ct. App. 2018) Carol Wassmann challenged her dismissal from employment as a tenured librarian at Irvine Valley College in a five-day administrative proceeding brought pursuant to the Education Code. The administrative law judge determined there was cause to terminate Wassmann’s employment, and the … Continue Reading

Employee Was Permitted To Voluntarily Dismiss Breach Of Contract Action

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

Staffing Company Was Not Liable For Failure To Provide Meal Periods

Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018) Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged … Continue Reading

Former LA Times Columnist’s Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered

Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018) T.J. Simers, a well-known sports columnist for the Los Angeles Times, alleged disability and age discrimination and constructive discharge – Simers, who had suffered a “mini-stroke” from which he quickly recovered, quit his job after his column was suspended and he was … Continue Reading

Urging Other Employees To Quit And Sue Employer Is Protected Conduct Under Anti-SLAPP Statute

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

Employee’s Qui Tam Action Is Not Barred By The Litigation Privilege

People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017) Mahmoud Alzayat filed this qui tam action against his employer (Sunline Transit Agency) and his supervisor (Gerald Hebb), alleging a violation of the Insurance Frauds Prevention Act (“IFPA”) based upon allegedly false statements that Hebb made in an incident report submitted in response … Continue Reading

PAGA Claim Dismissed Where Employee Failed To Provide Adequate Notice To LWDA

Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018) Hamid H. Khan brought this lawsuit against his former employer pursuant to the Private Attorneys General Act of 2004 (“PAGA”) based on the fact that his final paycheck (in contrast to all other wage statements he had received) did not include the start date for … Continue Reading

Class Certification Was Properly Denied In Outside Sales Exemption Case

Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018) Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking officers as exempt employees under the outside salesperson exemption. The trial court denied class certification after concluding plaintiffs had failed to carry their burden of … Continue Reading

Employee Who Needed To Assist Disabled Son Could Proceed With “Associational Disability Discrimination” Claim

Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) Luis Castro-Ramirez sued his former employer, Dependable Highway Express, Inc., for “associational disability discrimination,” failure to prevent discrimination and retaliation under the California Fair Employment and Housing Act (“FEHA”) and wrongful termination. Castro-Ramirez’s son requires daily dialysis, and Castro-Ramirez must administer the treatment … Continue Reading

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits. Today, the opposite seems to be true: appellate courts are reversing decisions denying class certification and … Continue Reading

The California Court of Appeal Interprets The Applicability Of Reporting Time Pay And Split-Shift Premium Pay To Scheduled Training Meetings

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
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