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Shine v. Williams-Sonoma
Sustained demurrer on res judicata grounds affirmed where issue preclusion applies to prior action that was dismissed with prejudice pursuant to settlement agreement. 		Employment Law 2DCA/4 May 31, 2018
Modification: Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship. 		Employment Law 4DCA/2 May 21, 2018
Snapp v. BNSF Railway
Court’s characterization of employee’s burden as burden of proof rather than burden of production affirmed under ‘Dark v. Curry County.’ 		Employment Law 9th May 14, 2018
Palm v. Los Angeles Dept. of Water and Power
Los Angeles City Employees do not have a vested protected interest if they are employed in a probationary position and therefore if they are dismissed, cannot claim due process violation. 		Employment Law 9th May 11, 2018
Dynamex Operations West, Inc. v. Superior Court
Suffer or permit to work standard under ‘Martinez v. Combs’ applies to determine whether worker is properly classified as independent contractor or employee. 		Employment Law 2DCA/7 May 1, 2018
Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship. 		Employment Law 4DCA/2 Apr. 30, 2018
Scott v. Gino Morena Enterprises
Claims brought under Title VII of Civil Rights Act of 1964 are not untimely where 90-day time period to file suit begins to run when EEOC issues right-to-sue notice. 		Employment Law 9th Apr. 30, 2018
Tanguilig v. Neiman Marcus Group, Inc.
Trial court did not err by dismissing matter with 5-year bar despite plaintiff's claim that matter was tolled while co-plaintiff was in arbitration. 		Employment Law 1DCA/4 Apr. 18, 2018
Rizo v. Yovino
Employee's prior salary does not constitute 'factor other than sex' upon which wage differential may be based, under Equal Pay Act. 		Employment Law 9th Apr. 10, 2018
Duggan v. Department of Defense
Under 'Greenspan' an agency may exercise discipline over the disruptive manner in which an employee communicates protected whistleblower disclosures 		Employment Law 9th Feb. 27, 2018
Johnen v. MSPB
Judgment finding that employee’s complaint did not contribute to employer’s adverse employment actions affirmed where finding is supported by substantial evidence. 		Employment Law 9th Feb. 27, 2018
Hurley v. California Deptartment of Parks and Recreation
Substantial evidence supports Information Practices Act claim where supervisor shared sensitive information pertaining to employee with other, non-supervisory employee. 		Employment Law 4DCA/1 Feb. 22, 2018
Modification: Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification. 		Employment Law 1DCA/1 Feb. 13, 2018
Modification: Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937. 		Employment Law 1DCA/4 Feb. 7, 2018
Bustos v. Global P.E.T.
Court appropriately exercises discretion to deny plaintiff attorney fees even though plaintiff suffered adverse employment decision in which discrimination was a motivating factor 		Employment Law 4DCA/2 Jan. 18, 2018
Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification. 		Employment Law 1DCA/1 Jan. 18, 2018
Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937. 		Employment Law 1DCA/4 Jan. 10, 2018
Simers v. Los Angeles Times Communications, LLC
Imposing standard disciplinary actions on an employee does not constitute constructive discharge unless said actions involve continuous patterns of mistreatment or unusually aggravated working conditions. 		Employment Law 2DCA/8 Jan. 9, 2018
Modification: Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. 		Employment Law 4DCA/1 Dec. 26, 2017
Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. 		Employment Law 4DCA/1 Dec. 21, 2017
Skillin v. Rady Children's Hospital-San Diego
ERISA preempts former employee's claims under Labor Code against employer for changing way it deducts employee contribution for pension benefits. 		Employment Law 4DCA/1 Dec. 7, 2017
Jameson v. Pacific Gas and Electric Co.
PG&E defeats fired employee's wrongful termination complaint where, even if employee was not at-will, good cause existed to terminate him due to retaliatory conduct. 		Employment Law 1DCA/3 Nov. 3, 2017
Micha v. Sun Life Assurance of Canada Inc.
In analyzing request for appellate attorney fees in ERISA case, court must consider entire course of litigation, not just prior appeal. 		Employment Law 9th Nov. 1, 2017
M.F. v. Pacific Pearl Hotel Management LLC
Demurrer improperly sustained in employer's favor in case brought by housekeeping employee alleging violation of the FEHA stemming from rape by trespassing drunk man. 		Employment Law 4DCA/1 Oct. 27, 2017
Morales-Simental v. Genentech
Summary judgment affirmed where plaintiff fails to present evidence showing that employer is liable for its employee's conduct under special errand rule. 		Employment Law 1DCA/4 Oct. 23, 2017
Linton v. DeSoto Cab Company
Judgment in wage claims proceeding finding that worker is independent contractor reversed where court fails to apply 'seminal case' regarding employment relationships in California. 		Employment Law 1DCA/1 Oct. 9, 2017
Alamillo v. BNSF Railway Co.
Locomotive engineer’s disability discrimination claim falters absent any evidence that his alleged disability, as opposed to his absenteeism, factored in his dismissal. 		Employment Law 9th Aug. 28, 2017
Light v. California Dept. of Parks and Recreation
Employee may maintain emotional distress and retaliation claims against state department despite workers’ compensation scheme’s exclusivity provisions. 		Employment Law 4DCA/1 Aug. 10, 2017
Hill v. Xerox Business Services
Order 		Employment Law 9th Aug. 8, 2017
Minnick v. Automotive Creations Inc.
Demurrer properly sustained in favor of former employer in suit challenging vacation policy providing waiting period before workers can earn vacation pay. 		Employment Law California Courts of Appeal Jul. 31, 2017
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