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Tamosaitis v. URS Inc.
Nuclear site whistleblower may file anti-retaliation claim in federal court, although prior administrative complaint had technical mistake in employer’s name.
Employment Law Mar. 4, 2015
Securitas Security Services USA Inc. v. Superior Court (Edwards)
Court improperly sends employee’s entire claims to arbitration despite unenforceable PAGA waiver, which rendered entire arbitration agreement unenforceable.
Employment Law Mar. 2, 2015
Franco v. Arakelian Enterprises Inc.
Employer may enforce arbitration agreement that compels waiver of class action, but cannot force employee to arbitrate PAGA claims under ‘Iskanian.’
Employment Law Feb. 26, 2015
Mies v. Sephora U.S.A.
Individualized issues predominate in attempted class action, meriting denial of class certification.
Employment Law Feb. 26, 2015
Nigro v. Sears, Roebuck and Co.
Ulcerative colitis sufferer may proceed with discrimination claim alleging Sears fired him due to his disability.
Employment Law Feb. 25, 2015
Nealy v. City of Santa Monica
‘Reasonable accommodation’ prescription in employment statute does not require employer to cut essential job functions.
Employment Law Feb. 18, 2015
Assn. for L.A. Deputy Sheriffs v. County of L.A.
Trial court cannot stay arbitration to wait for litigation of non-arbitrable issues where no non-arbitrable issues exist.
Employment Law Feb. 18, 2015
Horne v. International Union of Painters and Allied Trades, District Council 16
‘After-acquired’ evidence that disqualified applicant from labor union position is not complete bar to applicant’s discrimination suit.
Employment Law Feb. 18, 2015
Gerard v. Orange Coast Memorial Medical Center
Wage Order violates Labor Code to extent it allows health care workers to waive second meal period on shifts longer than 12 hours.
Employment Law Feb. 12, 2015
Marenco v. DirecTV LLC
Even as nonsignatory, DirectTV may compel arbitration based on arbitration clause in employment agreement of company that DirecTV acquired.
Employment Law Feb. 6, 2015
Richey v. Autonation Inc.
Arbitrator’s award in employer’s favor is upheld regardless of whether ‘honest belief’ defense applied in employee's case.
Employment Law Jan. 30, 2015
Landers v. Quality Communications Inc.
Employee’s wage and hour claim is properly dismissed because his threadbare allegations did not support reasonable inference of his entitlement to overtime pay.
Employment Law Jan. 27, 2015
Cruise v. Kroger Co.
California Arbitration Act governs employment dispute where employer failed to prove contents of four-page arbitration policy.
Employment Law Jan. 22, 2015
Dept. of Homeland Security v. MacLean
Federal regulation does not exclude air marshal from whistleblower protection.
Employment Law Jan. 22, 2015
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable.
Employment Law Jan. 14, 2015
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable.
Employment Law Jan. 8, 2015
Satyadi v. West Contra Costa Healthcare District
Terminated employee’s retaliation action against employer is not barred by failure to exhaust administrative remedies.
Employment Law Jan. 5, 2015
Bower v. Inter-Con Security Systems Inc.
Party to arbitration agreement may not compel arbitration where its conduct in litigating dispute was contrary to right to demand arbitration.
Employment Law Jan. 5, 2015
Koval v. Pacific Bell Telephone Co.
Employees’ class certification motion properly denied where company’s supervisors differed in implementing meal and rest period policies.
Employment Law Jan. 5, 2015
Swanson v. Morongo Unified School District
Teacher afflicted with cancer may pursue discrimination claim against school district because her termination was pretextual.
Employment Law Dec. 31, 2014
Ruiz v. Moss Bros. Auto Group Inc.
Failure to authenticate electronic signature on arbitration agreement that employee did not recall signing is adequate ground for denying petition to compel arbitration.
Employment Law Dec. 26, 2014
Judge v. Nijjar Realty Inc.
Employee’s appeal is dismissed as nonappealable because order vacating arbitrator’s construction ‘award’ is not final award resolving all disputes.
Employment Law Dec. 19, 2014
Hudson v. County of Los Angeles
Trial court improperly finds that order restoring discharged sheriff’s employment is superseded by later settlement, when settlement is susceptible to contrary interpretation.
Employment Law Dec. 17, 2014
Gabriel v. Alaska Electrical Pension Fund
Retiree may recover surcharge from pension fund if he suffered loss resulting from breach of fiduciary duty by incorrectly paying him unearned benefits.
Employment Law Dec. 17, 2014
State of Arizona v. ASARCO LLC
Punitive damages award of $300,000 against employer in Title VII sexual harassment case comports with due process.
Employment Law Dec. 11, 2014
Integrity Staffing Solutions Inc. v. Busk
Time spent waiting to undergo and undergoing security screenings is not compensable under Fair Labor Standards Act.
Employment Law Dec. 9, 2014
Martinez v. Joe's Crab Shack Holdings
Managers at Joe’s Crab Shack restaurants may maintain wage and hour class action against company in relation to work they allegedly performed on nonexempt tasks.
Employment Law Dec. 4, 2014
Curley v. City of North Las Vegas
Worker’s employment discrimination claim fails because City provided valid, nondiscriminatory reasons for firing him, which included his long history of threatening violence against coworkers.
Employment Law Dec. 2, 2014
Ferrick v. Santa Clara University
Former employee who disclosed director’s alleged kickback scheme may maintain wrongful termination in violation of public policy claim against Santa Clara University.
Employment Law Dec. 1, 2014
Diego v. Pilgrim United Church of Christ
California public policy precludes preschool from retaliating against employee based on its mistaken belief that employee reported alleged health code violations.
Employment Law Nov. 23, 2014