California Employment Law Update

Tag Archives: settlement

Employee Who Dismissed Claims Upon Receipt Of Settlement Can Recover Costs As Prevailing Party

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

TV Writers and Proskauer Client CAA Reach Preliminary Agreement to Settle

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

Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative

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

Employee’s PAGA Action Barred by Prior Class Action Settlement

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

Class Representative’s Settlement And Dismissal Of His Own Claims Did Not Bar His Appeal On Behalf Of The Class

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

Class Member Who Failed To Timely Submit Claim Form Could Not Recover Unpaid Wages

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

Employee’s Overtime Claims Were Barred By Settlement Agreement

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

Wage & Hour Class Action Settlement Is Vacated Because Of Insufficiency Of Record

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

Statute Of Limitations For Trade Secrets Claim Dates From Time Of Owner’s Knowledge

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

Employee Who Received Settlement For Defamation Claims Was Liable For Back Taxes

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

Court Should Not Have Enforced Settlement In Case That Had Been Dismissed

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

Employee Was Required To Pay Taxes On Part Of $8.73 Million Wrongful Termination Settlement

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

Settlement Included Obligation To Continue To Pay Employee’s Retirement Benefits

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

Court Approves $27 Million Fee Award To Attorneys In Microsoft Benefits Suit

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

Attorney Should Not Have Been Disqualified From Representing Plaintiff

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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