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
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
Moniz v. Adecco USA, Inc., 72 Cal. App. 5th 56 (2021) Rachel Moniz filed a PAGA notice with the Labor Workforce and Development Agency (“LWDA”) and a subsequent lawsuit alleging that Adecco, her former employer, maintained and implemented unlawful limitations on the disclosure of information such as wages, working conditions and non-public information of commercial … Continue Reading
Elation Sys., Inc. v. Fenn Bridge LLC, 71 Cal. App. 5th 958 (2021) Elation Systems sued one of its former software developers, Tiebiao “Joe” Shi, for breach of a nondisclosure agreement and a settlement agreement after he quit his employment and formed a new business entity called Efen Bridge (which became Fenn Bridge). At trial, … Continue Reading
deSaulles v. Community Hosp. of the Monterey Peninsula, 2014 WL 1724043 (Cal. Ct. App. 2014) Maureen deSaulles agreed to dismiss with prejudice two of her seven causes of action in exchange for a settlement payment from her former employer in the amount of $23,000. The trial court subsequently exercised its discretion and awarded $12,731.92 in … Continue Reading
Creative Artists Agency (CAA) and representatives of a class of television writers today announced the settlement of a case alleging age discrimination in the representation of television writers. The case was the last of 23 separate class actions that were filed a decade ago by the writers against the major television networks, production studios, and … Continue Reading
Pirjada v. Superior Court, 201 Cal. App. 4th 1074 (2011) Putative class representative Obaidul H. Pirjada filed a complaint on behalf of himself and a putative class of all security guards who had been employed in California by Pacific National Security, Inc. during the preceding four years. The complaint alleged a failure to provide meal-and-rest … Continue Reading
On October 22, 2010, the California Court of Appeal in Villacres v. Abm Industries Inc., No. B219584, __ Cal. App. 4th __ (2010) rejected an attempt by a settling class member to use the California Private Attorney Generals Act (PAGA) to bring successive claims for civil penalties against his former employer, from whom he had … Continue Reading
Narouz v. Charter Communications, LLC, 591 F.3d 1261 (9th Cir. 2010) Hani Narouz filed a complaint against Charter Communications in which he alleged causes of action for wrongful termination in violation of public policy, as well as statutory violations of the California Labor Code for failure to pay wages, provide meal periods, maintain accurate itemized … Continue Reading
Martorana v. Marlin & Saltzman, 2009 WL 1875681 (Cal. Ct. App. 2009) Ron Martorana was a class member in a wage and hour class action that had been filed against his former employer, Allstate Insurance Company. The Los Angeles Superior Court approved a settlement of the class action, but Martorana did not recover any portion … Continue Reading
Larner v. Los Angeles Doctors Hosp. Associates, LP, 168 Cal. App. 4th 1291 (2008) Josephine Larner, a nurse, sued her former employer, a hospital, for allegedly unpaid overtime. Larner brought the action on behalf of herself and all current and former nonexempt workers employed by defendants who failed to receive required premium overtime wages for … Continue Reading
Kullar v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008) Crystal Echeverria and two other objectors challenged the fairness and adequacy of a settlement of a class action lawsuit involving approximately 18,000 Foot Locker employees who were required to “purchase and wear shoes of a distinctive design or color as a term and … Continue Reading
Cypress Semiconductor Corp. v. Superior Court, 163 Cal. App. 4th 575 (2008) The trade secret owner in this case, Silvaco Data Systems, develops and licenses electronic design automation software. In late 1998, a former Silvaco employee, working for Circuit Systems, Inc. (“CSI”), incorporated Silvaco’s “SmartSpice” trade secrets into CSI’s product, “DynaSpice.” Silvaco sued the employee … Continue Reading
Polone v. CIR, 473 F.3d 1019 (9th Cir. 2007) Gavin Polone sued his former employer, United Talent Agency, alleging, among other things, wrongful termination and defamation. In settlement of the defamation claim, Polone agreed to accept $4 million in four equal, six-month installments, beginning on May 3, 1996. Congress amended Section 104 of the Internal … Continue Reading
CIR v. Banks, 543 U.S. 426, 125 S. Ct. 826 (2005) In these consolidated cases, John W. Banks, II and Sigitas J. Banaitis failed to report as income portions of a settlement (in Banks’s case) and a favorable judgment (in Banaitis’s case) that were paid to their attorneys. The United States Supreme Court held that … Continue Reading
Hagan Eng’g, Inc. v. Mills, 115 Cal. App. 4th 1004 (2003) Hagan Engineering, Inc., sued several of its former employees in state court, including Daniel G. Mills (collectively, “Mills”), for misappropriation of its trade secrets and related claims; Mills sued Hagan in federal court, alleging violations of ERISA. Eventually, the parties entered into a global … Continue Reading
Biehl v. CIR, 351 F.3d 982 (9th Cir. 2003) Frank Biehl brought suit against his former employer, North Coast Medical Center, Inc. (NCMI), and won a jury verdict in his wrongful termination action against the company. NCMI agreed to settle the case for $1.2 million, of which $401,000 was paid directly to Biehl’s attorney. Biehl … Continue Reading
Banaitis v. CIR, 340 F.3d 1074 (9th Cir. 2003) In his tort claims against his former employer (Bank of California) and its successor (Mitsubishi Bank), Sigitas Banaitis alleged wrongful discharge and interference with his employment agreement. After losing at trial in Oregon state court (where Banaitis obtained a $6.27 million verdict in his favor) and … Continue Reading
Le Parc Community Ass’n v. WCAB, 110 Cal. App. 4th 1161 (2003) Tim Curren, an employee of Advance Property Management (APM), was injured when he fell from a roof while cleaning the rain gutters of one of the properties owned by Le Parc Community Association. (Le Parc had retained APM to perform roof repairs, tree … Continue Reading
Jalali v. Root, 109 Cal. App. 4th 1768 (2003) Farideh Jalali sued her former employer for racial discrimination and sexual harassment. During the first phase of the trial, the jury awarded Jalali $750,000 in compensatory damages. During the punitive damages phase of the trial, the employer offered to settle the matter for $2.75 million for … Continue Reading
Roden v. Bergen Brunswig Corp., 107 Cal. App. 4th 620 (2003) Bergen Brunswig Corporation terminated the employment of Donald R. Roden, its president and CEO, without cause in 1999. After Roden filed a lawsuit alleging intentional interference with prospective economic relations, slander, and infliction of emotional distress, among other things, Bergen Brunswig communicated a settlement … Continue Reading
Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002) In this class action, eight former “freelance” Microsoft workers alleged that the company had improperly deprived them of employee benefits, including participation in the Employee Stock Purchase Plan. Nine years after the case was filed, the parties settled the matter when Microsoft agreed to pay … Continue Reading
McPhearson v. The Michaels Co., 96 Cal. App. 4th 843 (2002) Plaintiff’s attorney in this discrimination case (John Riestenberg) had represented another employee of The Michaels Company (Kevin Harris) in a similar lawsuit against the company. As part of his settlement agreement, Harris agreed to keep the terms of the agreement confidential. When Riestenberg filed … Continue Reading
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