California Employment Law Update

Tag Archives: summary judgment

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department.  The plaintiff claimed discrimination, constructive discharge and wrongful termination on the basis of her race.  (The plaintiff was represented by Tom Girardi, who had previously represented Erin … Continue Reading

Reporters’ Class Action For Unpaid Overtime Should Not Have Been Certified

Wang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to … Continue Reading

Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party

Rodriguez v. Oto, 212 Cal. App. 4th 1020 (2013) Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of the accident, Oto was driving from an event related to his employment. (Oto was driving a car he rented from Hertz, the cost of which … Continue Reading

Employee Could Proceed With Whistleblower Claims

McVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013) Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for recycled materials. McVeigh asserted claims under the California False Claims Act and … Continue Reading

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

McGrory v. Applied Signal Tech., 212 Cal. App. 4th 1510 (2013) John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human resources made to another employee about why McGrory had been terminated. … Continue Reading

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

Lawler v. Montblanc N. Am., LLC, 704 F.3d 1235 (9th Cir. 2013) Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary judgment in favor of Montblanc, and the Ninth Circuit Court of Appeals affirmed, holding that Montblanc had … Continue Reading

Employer Permitted To Proceed With Defense Of Class Action Based On “Rounding” Policy

See’s Candy Shops, Inc. v. Superior Court, 2012 WL 5305729 (Cal. Ct. App. 2012) Pamela Silva sued her former employer, See’s Candy, for various wage-and-hour violations. After certifying a class of current and former California employees, the trial court granted Silva’s motion for summary adjudication on four of See’s Candy’s affirmative defenses. In a writ … Continue Reading

Employer Is Entitled To Recover Its Fees As Prevailing Party In Reporting Time Pay Case

Aleman v. AirTouch Cellular, 209 Cal. App. 4th 556 (2012) Two members of a putative class appealed from a trial court order granting summary judgment against them. The Court of Appeal affirmed summary judgment on the ground that the employee was not entitled to receive reporting time pay for attending meetings at work because all … Continue Reading

Summary Judgment Was Properly Granted In Race Discrimination Case

Batarse v. Service Employees Int’l Union, 209 Cal. App. 4th 820 (2012) Ray Batarse sued the SEIU for race discrimination, among other things, associated with the termination of his employment. The trial court granted the employer’s motion for summary judgment based upon Cal. Code Civ. Proc. § 437c(b)(3) because of Batarse’s failure to include a … Continue Reading

Former Lockheed Engineer May Proceed With False Claims Act Lawsuit

Hooper v. Lockheed Martin Corp., 2012 WL 3124970 (9th Cir. 2012) Nyle J. Hooper brought suit against Lockheed Martin under the qui tam provisions of the False Claims Act (the “FCA”). Hooper filed suit in the District Court for the District of Maryland, which transferred the suit at Lockheed’s request to the Central District of … Continue Reading

Unfair Competition Claim Against Franchisor Was Properly Dismissed

Aleksick v. 7-Eleven, Inc., 205 Cal. App. 4th 1176 (2012) Kimberly Aleksick, who worked as a clerk at a 7-Eleven store, sued 7-Eleven (the franchisor of the store where Aleksick was employed) for violation of the Unfair Competition Law (“UCL”). Aleksick alleged that 7-Eleven, which provides payroll services to its franchisees, violated the UCL by … Continue Reading

Employee From Pakistan Could Proceed With Religion And National Origin Harassment Claims

Rehmani v. Superior Court, 204 Cal. App. 4th 945 (2012) Mustafa Rehmani, a Muslim born in Pakistan, worked as a system test engineer for Ericsson Inc. before his employment was terminated in 2009. Among other things, Rehmani alleged that three of his coworkers (Amit Patel, Aneel Choppa and Ashit Ghevaria) and Ericsson harassed him based … Continue Reading

Nurse’s ADA Disability Discrimination Claim Was Properly Dismissed

Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted … Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination … Continue Reading

California Overtime Requirements Apply To Work Performed By Non-Resident Employees

Sullivan v. Oracle Corp., 662 F.3d 1265 (2011) Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their … Continue Reading

Claims For Reporting Time Pay And Split Shifts Were Properly Dismissed

Aleman v. AirTouch Cellular, 202 Cal. App. 4th 117 (2011) Daniel Krofta and Mary Katz filed this putative class action against their employer, alleging reporting time pay violations and seeking additional compensation for working split shifts. Krofta sought reporting time pay for days he attended meetings at work even though he was furnished work (and … Continue Reading

Employee of Independent Contractor Cannot Sue Company That Hired Contractor for Negligence

SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011) US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards … Continue Reading

Unlicensed Law Clerk Was Properly Classified as Exempt Professional

Zelasko-Barrett v. Brayton-Purcell, LLP, 198 Cal. App. 4th 582 (2011) Following his graduation from law school but before he had passed the California bar examination, Matthew Zelasko-Barrett worked for the law firm of Brayton-Purcell, LLP as a Law Clerk II. After his voluntary departure from the firm, Zelasko-Barrett filed this lawsuit claiming he was misclassified … Continue Reading

Proskauer Wins Summary Judgment on Behalf of Paramount in Breach of Contract, Discrimination Case

The plaintiff was an Australian citizen working as an associate attorney for the law firm of O’Melveny & Myers LLP on a work visa. In October 2009, Paramount extended to her a conditional offer of employment to serve as its Vice President, IT Legal, the offer being contingent upon the completion of a background investigation … Continue Reading

Employer Did Not Violate FLSA By Changing Pay Rates For Nurses Working Alternative Workweeks

Parth v. Pomona Valley Hosp., 2010 WL 5064380 (9th Cir. 2010) The Fair Labor Standards Act required Pomona Valley Hospital Medical Center (“PVHMC”) to pay its employees 1-1/2 times the employees’ regular rate for any employment in excess of eight hours in any workday and in excess of 80 hours in a 14-day period. However, … Continue Reading

Asset Purchase Did Not Create Successor Liability Under FMLA

Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (2010) Christina Sullivan was the manager of a Factory 2-U store before it filed for Chapter 11 bankruptcy. Dollar Tree later purchased Factory 2-U’s existing leasehold on the store where Sullivan was employed. Prior to the anniversary of her hire by Dollar Tree, Sullivan’s mother became … Continue Reading

Employer Was Entitled To Summary Judgment In Disability Discrimination Case

Scotch v. Art Inst. of Cal.-Orange County, Inc., 173 Cal. App. 4th 986 (2009) Carmine Scotch sued his former employer, the Art Institute of California-Orange County, Inc. (“AIC”) for discrimination based on his disability (HIV), failure to make reasonable accommodation, failure to engage in the required interactive process, failure to maintain a workplace free of … Continue Reading
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