Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023)
The California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members who bring the virus home from their workplace, because “[a]n employer does not owe a duty of care under California law to prevent the spread of COVID-19 to
The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly Workplace Mandates.”
Chamber President and CEO Allan Zaremberg cautioned against “increase[d] uncertainty for employers and investors and . . . higher costs of doing business” while employers already face “higher health care premiums, higher workers’ compensation premiums, increased unemployment insurance taxes, and general tax increases.”
Touchstone Television Productions v. Superior Court, No. BC435248, 2012 WL 3525609 (Aug. 16, 2012)
If you are among the throngs of Desperate Housewives fans, you may recall when Wisteria Lane’s Edie Williams, played by actress Nicollette Sheridan, tragically died of electrocution following a car accident during the show’s fifth season. Sheridan later filed a lawsuit against Touchstone Television Pictures (“Touchstone”), Desperate Housewives creator Marc Cherry (“Cherry”), and other parties (who have since been dismissed), alleging that her on-screen death and Touchstone’s subsequent failure to renew her fixed-term employment contract were tantamount to a wrongful termination in violation of public policy under California law. Before the series began, Sheridan and Touchstone executed an agreement which paid Sheridan a reported $175,000 per episode to start and gave Touchstone the exclusive option to renew the contract on an annual basis for six seasons. Touchstone exercised its option to renew the contract for Seasons 2 through 5, but informed Sheridan during Season 5 that it would not do so for Season 6. Sheridan alleged in her lawsuit that Touchstone’s decision was the result of a complaint she made about Cherry purportedly striking her during the filming of an episode. (She also asserted a claim of battery, on which the trial court granted a directed verdict in favor of Touchstone and Cherry.)
Sinatra v. Chico Unified School Dist., 119 Cal. App. 4th 701 (2004)
Charles F. Sinatra, a former assistant principal at Chico High School, alleged wrongful termination in violation of the public policy purportedly embodied in California Education Code § 44922, which permits a school district to allow older, full-time employees to work part time without jeopardizing their retirement and health care benefits. Sinatra alleged
Moreau v. Air France, 356 F.3d 942 (9th Cir. 2003)
Stephane Moreau worked as the Assistant Station Manager for Air France at San Francisco International Airport (SFO). Moreau requested a 12-week leave of absence under the Family Medical Leave Act and the California Family Rights Act to assist his ill father in France. Air France denied Moreau’s request on the ground that it employed
Ali v. L.A. Focus Publication, 112 Cal. App. 4th 1477 (2003)
Najee Ali, who worked as the community affairs columnist for L.A. Focus Publication, was terminated after he expressed support while a guest on a local radio program for Antonio Villaraigosa, a candidate for mayor of Los Angeles, and criticized United States Representative Maxine Waters for supporting another candidate, James Hahn, in the upcoming
Barbee v. Household Auto. Fin. Corp., 113 Cal. App. 4th 525 (2003)
Household Automotive Finance Corporation (HAFC) terminated the employment of its national sales manager, Robert Barbee, after learning that Barbee had a “special relationship” with one of his subordinate employees and after giving Barbee the choice of either ending the relationship or effecting his or the subordinate employee’s resignation. Barbee sued HAFC for
Thompson v. Impaxx, Inc., 113 Cal. App. 4th 1425 (2003)
David Thompson’s employment was terminated after he refused to sign a customer non-solicitation agreement that his employer, Impaxx, required him to sign. The covenant in question stated that “[f]or a period of one year following the termination of employment, I will not call on, solicit, or take away any of [my employer’s] customers or
Rivera v. National R.R. Passenger Corp., 331 F.3d 1074 (9th Cir. 2003)
After John Rivera, who worked for Amtrak as a night watchman, threatened to “blow people away” in Amtrak’s San Jose office, the local police went to his home and found drugs, drug paraphernalia and an unregistered assault rifle with ammunition. Rivera was terminated shortly thereafter for falsification of a timecard, violation of