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: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to … Continue Reading
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes. In a new twist, … Continue Reading
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
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
Ratha v. Phatthana Seafood Co., 35 F.4th 1159 (9th Cir. 2022) Plaintiffs in this case (Cambodian villagers) alleged they had been trafficked into Thailand and subjected to forced labor at seafood processing factories in violation of the Trafficking Victims Protection Reauthorization Act (18 U.S.C. § 1595) (“TVPRA”). The district court granted defendants’ summary judgment motion, … Continue Reading
Johnson v. WinCo Foods, LLC, 2022 WL 2112792 (9th Cir. 2022) Alfred Johnson brought this class action against WinCo, seeking compensation as an “employee” for the time and expense of taking a drug test as a successful applicant for employment. Plaintiffs argued that because the drug tests were administered under the control of the employer, … Continue Reading
Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts COVID-19 in the workplace and then infects their spouse at home, and (2) does an employer have a duty of care to … Continue Reading
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading
Jauregui v. Roadrunner Transp. Servs., Inc., 28 F.4th 989 (9th Cir. 2022) Griselda Jauregui filed this putative class action in California state court against Roadrunner Transportation Services on behalf of all current and former hourly workers in California. The complaint alleged numerous violations of California wage and hour law. Roadrunner removed the case to federal … Continue Reading
Martinez-Rodriguez v. Giles, 2022 WL 1132809 (9th Cir. 2022) Plaintiffs are six citizens of Mexico (all licensed in Mexico as either animal scientists or veterinarians) who were recruited to work as “Animal Scientists” at Funk Diary in Idaho under the TN Visa program for professional employees, as established under the North American Free Trade Agreement … Continue Reading
Shields v. Credit One Bank, N.A., 2022 WL 1436839 (9th Cir. 2022) Karen Shields worked as an HR Generalist for Credit One Bank before her position was eliminated, which occurred after she took a medical leave of absence as an accommodation under the ADA. The district court granted the Bank’s motion to dismiss on the … Continue Reading
We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading
Peck v. Swift Transp. Co. of Ariz., 2022 WL 414692 (9th Cir. 2022) In evaluating a settlement of a class action involving Cal. Labor Code § 2802 (employer indemnity for employee expenses), the district court stated that “the parties engaged in arm’s-length, serious, informed and non-collusive negotiations between experienced and knowledgeable counsel … after mediation … Continue Reading
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes for allegedly poor performance, brought a whistleblower claim against PPG; Lawson claimed he was terminated because he had uncovered and reported a supervisor’s scheme to “mis-tint” unpopular paint colors in order to … Continue Reading
We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading
Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a customer. Fried immediately went to his manager to report the customer, at which point the manager allegedly told him to “just go [finish the pedicure] … Continue Reading
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Strict Independent Contractor Test Applies Retroactively; California Employee Is Compelled To Litigate His Employment Claims In Indiana; Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination; … Continue Reading
We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” City Attorney Should Not Have Been Disqualified From Representing City Prevailing Employer Should Not Have … Continue Reading
Biel v. St. James School, 2018 WL 6597221 (9th Cir. 2018) Kristen Biel was fired from her fifth grade teaching position at St. James Catholic School after she told the school that she had breast cancer and would need to miss work to undergo chemotherapy. Following her termination, Biel alleged that the school had violated … Continue Reading
Snapp v. BNSF Ry., 889 F.3d 1088 (9th Cir. 2018) Danny Snapp sued his former employer, the Burlington Northern Santa Fe Railway Co. (“BNSF”), for failure to accommodate his alleged disability in violation of the Americans with Disabilities Act (“ADA”). Snapp worked as a division trainmaster, but due to “tiredness and low energy,” he went … Continue Reading
Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc) Aileen Rizo, who is an employee of the public schools in Fresno County, sued for violation of the federal Equal Pay Act (“EPA”) after she learned that her male counterparts were being paid more for performing the same work. In its summary judgment motion, … Continue Reading
By Anthony J. Oncidi and Nayirie Kuyumjian On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification … Continue Reading
Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018) Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the … Continue Reading
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