summary judgment

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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 on his Pakistani nationality and his Muslim faith.…

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 five unplanned absences of unlimited duration and other…

Shelley v. Geren, 666 F.3d 599 (9th Cir. 2012)

After Devon Scott Shelley applied for but was not promoted to be Chief of Contracting for the Army Corps of Engineers, he filed this lawsuit alleging age discrimination in violation of the Age Discrimination in Employment Act. The district court granted summary judgment to the Corps based upon the Supreme Court’s opinion in Gross v.

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 and disruptive behavior.” Perich filed a claim with the…

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 home states and, from time to time, in California.…

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 was paid) for at least half of the scheduled…

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 in violation of various Cal-OSHA regulations. After one of…

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 as an exempt employee while he worked for the…

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 to Paramount’s satisfaction and the successful transfer of her work visa. The conditional offer indicated that a separate employment agreement would follow. When the plaintiff countersigned the conditional offer letter in late October, she told Paramount, for the first time, that she would not be able to start work until January 2010 because of a previously undisclosed secondment to a client of O’Melveny and because she needed to travel to Australia during the first week of January.