California Employment Law Update

Tag Archives: military

July 2022 California Employment Law Notes

We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading

After Nine Years Of Service In The Air Force Employee Is Entitled To Promotion He Might Have Received With His Employer

Belaustegui v. International Longshore & Warehouse Union, 2022 WL 2036385 (9th Cir. 2022) Leon Belaustegui left his job as an entry-level longshore worker to enlist in the U.S. Air Force. After nine years of active duty in the Air Force, he returned to work as a longshoreman and requested a promotion to the position he … Continue Reading

U.S. Supreme Court Recognizes “Cat’s Paw” Liability Theory

Staub v. Proctor Hosp., 562 U.S. ___, 131 S. Ct. 1186 (2011) Vincent Staub, a former angiography technician for Proctor Hospital, was a member of the United States Army Reserve. Staub alleged that his employment was terminated in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) because his supervisor (Janice … Continue Reading

Release Enforced As To Defamation And Overtime Claims – But Not Claim Under USERRA

Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007) On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount … Continue Reading

Military Leave Benefits Are Not Owed To Employee Who Serves In Another State’s Militia

Opinion of Att’y Gen. Bill Lockyer, No. 02-213, 2003 WL 174019 (Jan. 24, 2003) In this opinion, the California Attorney General determined that employees who are residents of and employed in California are not entitled to the employment-related benefits established under California Military & Veterans Code § 395.05 for leaves of absence occasioned by service … Continue Reading
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