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Coppinger-Martin v. Solis
Statute of limitations on employee’s whistleblower protection claim under Sarbanes-Oxley Act of 2002 begins when employee knows of actual injury or retains counsel.
Employment Law Nov. 30, 2010
Gordon v. City of Oakland
City does not violate minimum wage provisions of Fair Labor Standards Act by requiring employee to reimburse it for training costs after resigning.
Employment Law Nov. 21, 2010
Pineda v. Bank of America N.A.
Three-year statute of limitations applies when employee only seeks penalties for failure to timely pay final wages under Labor Code Section 203.
Employment Law Nov. 18, 2010
Bright v. 99 Cents Only Stores
Violation of wage order requiring suitable seating is violation of Labor Code Section 1198 for which civil penalties are available.
Employment Law Nov. 14, 2010
Stiefel v. Betchel Corp.
Plaintiff's discrimination claim fails where he did not show reasonable belief that employer was so biased that resort to hiring procedures would have been futile.
Employment Law Nov. 1, 2010
McCaskey v. California State Automobile Association
Summary judgment is improper where interpretation of employment contract involves question of material fact as to employer’s right to unilaterally terminate employment policy.
Employment Law Oct. 31, 2010
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks.
Employment Law Oct. 28, 2010
Shelden v. Marin County Employees Retirement Association
Retirement benefit calculation properly excludes overtime pay that employee earned by volunteering to work on his day off.
Employment Law Oct. 24, 2010
Siskiyou County v. State Personnel Board (Duncan)
Court errs in substituting own judgment in place of State Personnel Board’s decision when deciding penalty for public employee’s misconduct.
Employment Law Oct. 7, 2010
Sullivan v. Dollar Tree Stores Inc.
Employee is ineligible for protection under Family and Medical Leave Act because new employer is not ‘successor in interest’ to former employer.
Employment Law Sep. 28, 2010
Wang v. Chinese Daily News Inc.
Journalists who hardly do any investigative reporting do not qualify under ‘creative professional exemption’ and are entitled to overtime pay.
Employment Law Sep. 28, 2010
California Correctional Peace Officers’ Association v. State of California
Public employees may not bring action against public employers for violations of Labor Code provisions not expressly made applicable to public entities.
Employment Law Sep. 20, 2010
Braswell v. Shoreline Fire Dept.
Court errs in dismissing claim that employer violated employee’s liberty interest in pursuing career as paramedic by revoking his permission to practice.
Employment Law Sep. 17, 2010
Alday v. Raytheon Co.
Despite expiration of collective bargaining agreements, company expressly agrees to continue paying early retirees medical insurance premiums until they reach age 65.
Employment Law Sep. 8, 2010
Sandell v. Taylor-Listug Inc.
Employer is not entitled to summary judgment where employee produced admissible evidence, which reasonably inferred that termination was based on discriminatory motive.
Employment Law Sep. 8, 2010
EEOC v. Prospect Airport Services Inc.
Summary judgment in favor of employer on male employee's sexual harassment claim is improper where female co-worker made repeated unwelcome sexual overtures.
Employment Law Sep. 7, 2010
U.S. EEOC v. UPS Supply Chain Solutions
Summary judgment in favor of employer is improper where employer failed to provide interpreter for deaf employee who had limited English skills.
Employment Law Aug. 30, 2010
Hawn v. Executive Jet Management Inc.
No sexual discrimination exists where male pilots are terminated for inappropriate conduct leading to complaint by female flight attendant.
Employment Law Aug. 17, 2010
Trustees of Southern California IBEW-NECA Pension Plan v. Los Angeles Unified School District
Agency that has awarded public works project is required to produce personal employee information contained in third-party certified payroll records.
Employment Law Aug. 17, 2010
Silguero v. Creteguard Inc.
Subsequent employer’s agreement to enforce previous employer’s invalid noncompetition agreement limits employee’s mobility in employment against public policy.
Employment Law Aug. 17, 2010
Lu v. Hawaiian Gardens Casino Inc.
Labor Code Section 351, prohibiting employers from taking gratuity left to employees, is not subject to employee-initiated private cause of action.
Employment Law Aug. 10, 2010
Khan v. Los Angeles City Employees’ Retirement System
No reciprocity exists between agency retirement systems where one agency does not have mutual reciprocal agreement with state’s Public Employees’ Retirement System.
Employment Law Aug. 4, 2010
Silguero v. Creteguard Inc.
Subsequent employer’s agreement to enforce previous employer’s invalid noncompetition agreement limits employee’s mobility in employment against public policy.
Employment Law Aug. 2, 2010
Murray v. Principal Financial Group Inc.
'Career agent' is not entitled to Title VII protections where hiring party did not sufficiently control manner by which agent sold products.
Employment Law Jul. 28, 2010
Kirby v. Immoos Fire Protection Inc.
Court may award attorney fees to prevailing defendant for claims unrelated to unpaid minimum or overtime wages under Labor Code Section 218.5.
Employment Law Jul. 28, 2010
Mack v. Kuckenmeister
State courts have jurisdiction to decide that state court issued domestic relations order is qualified domestic relations order as defined by ERISA.
Employment Law Jul. 23, 2010
Morgan v. United Retail Inc.
Employers are not required to list sum of regular hours and overtime hours worked in separate line on wage statements.
Employment Law Jul. 20, 2010
Milan v. City of Holtville
City has no duty to offer accommodations to injured employee who failed to express definitive interest in retaining her job.
Employment Law Jul. 19, 2010
Thompson v. City of Monrovia
Placement of employee in program to improve work performance based on consistently poor performance evaluations does not constitute retaliatory discrimination.
Employment Law Jul. 15, 2010
Narayan v. EGL Inc.
Summary judgment is not appropriate where presumed employees show employer exercised considerable control over employment relationship.
Employment Law Jul. 14, 2010