Under the Workers’ Compensation Act, if a worker is injured because of the employer’s serious and willful misconduct, the “compensation” the worker is entitled to receive increases by one half. The statute defining “compensation” limits the term to benefits or payments provided by Division 4 of the Labor Code. …
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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:
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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 alleged that Circle K’s standard form in which it…
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 from a scaffold. Miller sued the Lodge and its…
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:
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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 immigration authorities’ questioning his eligibility to work in the…
Nunies v. HIE Holdings, Inc., 2018 WL 5660625 (9th Cir. 2018)
Herman Nunies was a delivery driver for HIE Holdings who injured his shoulder and wanted to transfer to a part-time, less-physical warehouse job. The requested transfer was approved and was set to go through until Nunies told HIE about his shoulder injury after which the company allegedly rejected his transfer request and…
Raines v. Coastal Pac. Food Distrib., Inc., 23 Cal. App. 5th 667 (2018)
Terri Raines sued Coastal Pacific individually and under the Private Attorneys General Act (“PAGA”) for failure to furnish her and other employees accurate itemized wage statements showing the applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate as required…
SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011)
US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards in violation of various Cal-OSHA regulations. After one of…
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