Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018) Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner … Continue Reading
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) In a highly anticipated decision, the United States Supreme Court held that it is a violation of the First Amendment to require public sector employees who are not members of a union to pay any union dues, even when a portion of those dues is … Continue Reading
In a highly anticipated decision, the United States Supreme Court today held that it is a violation of the First Amendment to require public sector employees who are not members of a union to pay any union dues, even when a portion of those dues is attributable to the costs of collective bargaining on behalf … Continue Reading
Elonis v. United States, 575 U.S. ___, 135 S. Ct. 2001 (2015) Anthony Douglas Elonis (aka “Tone Dougie”) posted on Facebook various self-styled rap lyrics containing graphically violent language and imagery concerning his wife (who had left him), co-workers, a kindergarten class and state and federal law enforcement. Although Elonis interspersed his posts with disclaimers … Continue Reading
Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 2012 Cal. LEXIS 11911 (Dec. 27, 2012) Ralphs Grocery sought an injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store. The trial court denied Ralphs’ request for an injunction, … Continue Reading
We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment Community College Employee Is Entitled To New Trial On Whistleblower Claims LAPD Officer’s $2.1 … Continue Reading
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination … Continue Reading
Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. 2011) (en banc) In May 1987, the City of Redondo Beach adopted an ordinance that prohibits any person to “stand on a street or highway and solicit…employment, business, or contributions from an occupant of any motor vehicle.” In 2004, … Continue Reading
Today the California Court of Appeal struck down two state laws that had previously made it nearly impossible for California employers to obtain injunctive relief in labor disputes. In Ralphs Grocery v. UFCW, No. C060413 (Cal. Ct. App. July 19, 2010), the Court determined that Cal. Code of Civil Procedure section 527.3 (a/k/a the “Moscone … Continue Reading
Catholic Charities of Sacramento, Inc. v. Superior Court, 32 Cal. 4th 527 (2004) Catholic Charities challenged the Women’s Contraception Equity Act (WCEA) under the establishment and free exercise clauses of the United States and California Constitutions. Among other things, the WCEA requires that certain health and disability insurance contracts must cover prescription contraceptives. Although Catholic … Continue Reading
Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, 117 Cal. App. 4th 1138 (2004) Fashion 21, a nationwide retailer of women’s clothing, purchased garments from manufacturers and sewing contractors that allegedly exploited their employees by refusing to properly pay them or provide them with clean and safe facilities in which to work. The … Continue Reading
Roe v. City of San Diego, 356 F.3d 1108 (9th Cir. 2004) While working as a San Diego police officer, John Roe videotaped himself stripping off a generic police officer’s uniform and engaging in acts of masturbation. Roe sold the videos on the adults-only section of eBay – under the username “Code3stud@aol.com.” After one of … Continue Reading
DVD Copy Control Ass’n, Inc. v. Bunner, 31 Cal. 4th 864, 75 P.3d 1 (Cal. 2003) Jon Johansen, a Norwegian resident, reverse engineered the Content Scrambling System (CSS), computer software used to encrypt the contents of Digital Versatile Discs (DVDs), and wrote a program called DeCSS that decrypts motion pictures stored on DVDs, thus enabling users … Continue Reading
USS-Posco Indus. v. Edwards, 111 Cal. App. 4th 436 (2003) Ezell Edwards was terminated from his employment as a mill worker at USS-Posco Industries’ (UPI’s) tin mill after he made generalized threats of violence against UPI, including a statement that “they’re going to have to change the company’s name from USS-Posco to USSColumbine.” The trial … Continue Reading
Parris v. Superior Court, 109 Cal. App. 4th 285 (2003) Cynthia Parris and Willie Lopez filed a class action lawsuit against Lowe’s H.I.W., Inc., alleging violations of California’s wage and hour laws regarding allegedly unpaid overtime compensation that was owed to employees who were compelled to work “off the clock.” Parris and Lopez then filed … Continue Reading
Rivero v. AFSCME, AFL-CIO, 105 Cal. App. 4th 913 (2003) David Rivero was a supervisor of janitors at the International House at UC Berkeley before his employment was terminated when he refused to accept a demotion to dishwasher and pot scrubber in the International House’s kitchen. Rivero sued his union, the AFSCME, for libel, slander … Continue Reading
Ortiz v. Los Angeles Police Relief Ass’n, 98 Cal. App. 4th 1288 (2002) Cipriana Ortiz was employed as an administrator for LAPRA (a private, nonprofit association that processes employee benefits claims of current and former LAPD officers). Ortiz had access to officers’ names, residential addresses, telephone numbers, medical histories, family information, etc. During the course … Continue Reading
This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.
