California Employment Law Update

Tag Archives: Employment Law Notes

City’s Search Of Text Messages Was Reasonable Despite Employee’s Expectation Of Privacy

City of Ontario v. Quon, 130 S. Ct. 2619 (2010) The City of Ontario’s Computer Usage, Internet and E-mail Policy provides that use of the city’s computers and other electronic equipment, networks, etc., is limited to city-related business, that access is not confidential and “users should have no expectation of privacy or confidentiality when using … Continue Reading

Fire Dep’t Applicants’ Title VII Challenge Was Not Barred By Statute Of Limitations

 Lewis v. City of Chicago, 560 U.S. ___, 130 S. Ct. 2191 (2010) Plaintiffs in this case (more than 6,000 African-Americans) had applied to serve in the Chicago Fire Department. They challenged as discriminatory the city’s decision to hire only applicants who had scored 89 or above on a written examination. The city stipulated that … Continue Reading

Attorney-Client And Work Product Privileges Were Only Partially Waived

 Hernandez v. Tanninen, 604 F.3d 1095 (9th Cir. 2010) Rolando Hernandez alleged claims of race and national origin discrimination based on disparate treatment, retaliation, and a hostile work environment while he was employed as a mechanic in the Fire Shop of the City of Vancouver, Washington. Hernandez sued the city and another employee, Mark Tanninen. … Continue Reading

Distributor May Have Violated Law By Failing To Provide Detailed Written Contract To Salesperson

Baker v. American Horticulture Supply, Inc., 186 Cal. App. 4th 1059 (2010) Edwin Baker worked as an independent wholesale sales representative for American Horticulture Supply, Inc. (“AHS”). A jury returned verdicts in Baker’s favor on his breach of contract and fraud claims, but the trial court ordered a new trial on the grounds of insufficiency … Continue Reading

Alien Employee Who Was Induced To Come To The U.S. Was Properly Awarded Unpaid Wages

Singh v. Southland Stone, U.S.A., Inc., 186 Cal.App.4th 338 (2010) Gurpreet Singh moved from India to California to work as a general manager for Southland Stone. After Singh resigned and returned to India, he filed suit against Southland and its president (Ravinder S. Johar), alleging various contract and tort claims. The jury awarded Singh more … Continue Reading

Class Action Should Have Been Certified As To Claims For Overtime, But Not Meal And Rest Periods

Faulkinbury v. Boyd & Assocs., Inc., 185 Cal. App. 4th 1363 (2010) Plaintiffs sought to represent and certify a class of 4,000 current and former employees of Boyd & Associates, which provides security guard services throughout Southern California. Plaintiffs alleged that Boyd denied the putative class members off-duty meal periods and rest breaks and that … Continue Reading

College Professor’s Racially Charged E-Mails Did Not Create Hostile Environment

Rodriguez v. Maricopa County Cmty. Coll., 605 F.3d 703 (9th Cir. 2010) Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the college district where he teaches math. Every district employee with an email address received Kehowski’s messages, including plaintiffs in this case – a certified class of the district’s Hispanic … Continue Reading
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