Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job Killer Bills.” Once again, this list proves that former California Governor Jerry Brown had it right when … Continue Reading
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
Kemp v. Superior Court, 86 Cal. App. 5th 981 (2022) In 2020, the background reporting agency in this case disclosed to an employer a conviction of an individual from 2011 who had applied for a job. Following receipt of the report, the prospective employer withdrew its job offer. The individual then filed this lawsuit against … Continue Reading
In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy. Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of … Continue Reading
Horne v. District Council 16 Int’l Union of Painters & Allied Trades, 2015 WL 681433 (Cal. Ct. App. 2015) Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is … Continue Reading
U.S. v. Nosal, 642 F.3d 781 (2011) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their employer’s computer system … Continue Reading
People v. Tabb, 170 Cal. App. 4th 1142 (2009) Edward Nathaniel Tabb, Sr. was convicted by a jury for grand theft of his employer’s property. Tabb worked as a “runner or helper for pipe fitters” at BAE Systems. Over a period of approximately two months, Tabb brought new or used ship parts to A to … Continue Reading
Starbucks Corp. v. Superior Court, 168 Cal. App. 4th 1436 (2008) Plaintiffs filed a class action lawsuit on behalf of themselves and approximately 135,000 other Starbucks applicants who had sought jobs at some 1,500 Starbucks locations throughout California. Plaintiffs contended that the Starbucks application violated California Labor Code §§ 432.7 and 432.8, prohibiting employers from … Continue Reading
United States v. Betts, 511 F.3d 872 (9th Cir. 2007) Marcus Brandon Betts, who worked for TransUnion (one of the three major credit reporting agencies), took bribes to conspire with his co-defendants to falsely improve credit scores. According to the Ninth Circuit, “it was a kind of private sector ticket-fixing scheme.” Betts falsified 654 credit histories, … Continue Reading
United States v. Sutcliffe, 505 F.3d 944 (9th Cir. 2007) Sutcliffe, a computer technician, was convicted of three counts of making interstate threats (via the Internet) to injure another and five counts of transferring social security numbers with the intent to aid and abet unlawful activity. Global Crossing terminated Sutcliffe’s employment shortly after he was hired … Continue Reading
E-Fab, Inc. v. Accountants, Inc. Services, 153 Cal. App. 4th 1308 (2007) E-Fab designs and manufactures precision components and tools. When in 1996 E-Fab needed a temporary accountant, it contacted defendant Accountants, Inc. Services. Accountants represented to E-Fab that it had screened Vickie Hunt and had confirmed and verified her qualifications, credentials and accomplishments. From 1996 to … Continue Reading
Moran v. Murtaugh, Miller, Meyer & Nelson, 126 Cal. App. 4th 323 (2005) Gene Moran was hired as a paralegal by the Murtaugh, Miller law firm. Shortly thereafter, one of the firm’s associates conducted a computerized legal database search and discovered that Moran had several felony convictions in his past, including grand theft and second-degree … Continue Reading
People v. Laiwala, 115 Cal. App. 4th 850, 9 Cal. Rptr. 3d 466 (2004) Sadrudin Laiwala, a former engineer of Odeum Microsystems, a division of Hyundai Electronics America, allegedly copied and took with him a “DVD copy protection system” immediately prior to his departure from the company. Laiwala was criminally prosecuted for violation of California … Continue Reading
Noel v. River Hills Wilsons, Inc., 113 Cal. App. 4th 1363 (2003) Brandon J. Noel sued his former employer, River Hills Wilsons, Inc. (Wilsons), and a Wilsons manager, Shelly Santillan, for defamation arising from Santillan’s erroneous statements to a background investigator (Choice- Point) retained by Noel’s new employer (GTE) that Noel left Wilsons because of … Continue Reading
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