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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 the creative professional exemption to the FLSA or California…

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 was reimbursed to him by his employer.) Seven months after…

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 Labor Code § 1102.5. The trial court granted summary judgment…

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. The trial court granted summary judgment in favor of the…

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 shown that Lawler could not perform the essential functions of…

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 petition to the Court of Appeal, See’s Candy challenged…

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 of the meetings in question were scheduled in advance,…

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 separate statement of disputed and undisputed facts. Batarse asserted…

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 California on forum non conveniens grounds. The California district…

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 converting any partial hour worked in a pay period…