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Roby v. McKesson Corp.
Evidence of supervisor’s personnel management decisions is admissible to prove harassment so long as decisions were made to convey harassing message. 		Employment Law Feb. 12, 2010
Harris v. City of Santa Monica
Employer accused of employment discrimination, which presents evidence of legitimate non-discriminatory motives, is entitled to jury instruction on mixed-motive affirmative defense. 		Employment Law Feb. 8, 2010
Dotson v. Amgen Inc.
Arbitration agreement is valid in wrongful termination dispute despite limit placed on number of depositions employees could take. 		Employment Law Feb. 4, 2010
Charles Schwab & Co. Inc. v. Debickero
Surviving spouse is not entitled to automatic rights to personally established and maintained IRA under ERISA. 		Employment Law Jan. 25, 2010
Ohton v. California State University of San Diego
University investigation of National Collegiate Athletic Association violations erroneously found whistleblower’s statements were not made in good faith since they were untrue. 		Employment Law Jan. 13, 2010
County of Los Angeles Dept. of Health Services v. Civil Service Commission of the County of Los Angeles (Latham)
Civil Service Commission may no longer hear grievances when civil servant retires where jurisdiction ends after retirement. 		Employment Law Dec. 22, 2009
Haberman v. Cengage Learning Inc.
Hostile work environment sexual harassment does not occur where alleged incidents were not sexual or sufficiently pervasive. 		Employment Law Dec. 22, 2009
George v. California Unemployment Insurance Appeals Board
Collateral estoppel does not preclude retaliation claim where prior findings by State Personnel Board did not eliminate necessary element of employee’s case. 		Employment Law Dec. 10, 2009
Brown v. Southern California IBEW-NECA Trust Funds
Denial of benefits to pension plan participant is abuse of discretion when based on activity not specifically proscribed by plan. 		Employment Law Dec. 8, 2009
Barbosa v. IMPCO Technologies Inc.
Public policy in favor of employer's duty to pay overtime protects employee from termination for making good faith but mistaken overtime claim. 		Employment Law Dec. 1, 2009
Anderson v. Suburban Teamsters of Northern Illinois Pension Fund Board of Trustees
Portion of comprehensive pension plan providing benefits in event of disability is welfare plan that is not protected by ERISA's anti-cutback provision. 		Employment Law Dec. 1, 2009
Roby v. McKesson Corp.
Evidence of supervisor’s personnel management decisions is admissible to prove harassment so long as decisions were made to convey harassing message. 		Employment Law Nov. 30, 2009
Dowell v. Biosense Webster Inc.
Company’s overbroad noncompete agreements with employees are void because they prohibited former employees from practicing their chosen profession. 		Employment Law Nov. 22, 2009
Montour v. Hartford Life & Accident Insurance Co.
Under abuse of discretion standard, review of decision to deny benefits by administrator and payor of ERISA benefits must address improper motivations. 		Employment Law Nov. 19, 2009
Fleming v. Yuma Regional Medical Center
Independent contractor may bring action for employment disability discrimination under Rehabilitation Act without contradicting Americans with Disabilities Act 		Employment Law Nov. 19, 2009
Mangano v. Verity Inc.
Trial court properly excludes two kinds of evidence due to stipulation and policy against admitting offer to compromise. 		Employment Law Nov. 17, 2009
Kaye v. Board of Trustees of the San Diego County Public Law Library (San Diego County Public Law Library)
Public law librarian who wrote scathing e-mail addressed to all employees about supervisors is not protected from termination because of free speech. 		Employment Law Nov. 10, 2009
Schachter v. Citigroup Inc.
Incentive plan that offered employees stock as compensation is proper where employee agreed to forfeit shares by resigning before stock vested. 		Employment Law Nov. 2, 2009
Harris v. City of Santa Monica
Employer accused of employment discrimination, which presents evidence of legitimate non-discriminatory motives, is entitled to jury instruction on mixed-motive affirmative defense. 		Employment Law Nov. 1, 2009
A.M. v. Albertsons LLC
Employer is liable for failure to accommodate employee's physical disability on single occasion despite pattern of successful accommodations. 		Employment Law Oct. 15, 2009
LVRC Holdings LLC v. Brekka
Employee with permission to use company computer did not violate Computer Fraud and Abuse Act by e-mailing information to himself. 		Employment Law Sep. 16, 2009
Montour v. Hartford Life & Accident Insurance Co.
Under abuse of discretion standard, review of decision to deny benefits by administrator and payor of ERISA benefits must address improper motivations. 		Employment Law Sep. 15, 2009
Marin General Hospital v. Modesto & Empire Traction Co.
State law based causes of action, which stemmed from contract modified from ERISA plan, are not completely preempted by federal jurisdiction. 		Employment Law Sep. 14, 2009
EEOC v. Go Daddy Software Inc.
Judgment as matter of law is not granted to change verdict against employer for discriminatory termination where adequate evidence supported verdict. 		Employment Law Sep. 14, 2009
Gossett v. Czech
Reimbursement to state hospital for cost of care from veteran's benefits does not violate Veterans' Benefits Act. 		Employment Law Sep. 11, 2009
Scharff v. Raytheon Co. Short Term Disability Plan
Display of statute of limitations for appeals process in self-funded benefits plan meets 'reasonable expectations' test where disclosure satisfied regulatory requirements. 		Employment Law Sep. 11, 2009
Nicholson v. Hyannis Air Service, Inc.
Summary judgment for flight company is improper where female pilot showed prima facie case for sex discrimination. 		Employment Law Sep. 9, 2009
Cortez v. Abich
Homeowners are exempt from Occupational Safety and Health Act regulations where home remodeling project was to enhance enjoyment of their residence. 		Employment Law Sep. 4, 2009
Jeewarat v. Warner Bros. Entertainment Inc.
Employer is vicariously liable for tort committed by employee while traveling home from business conference. 		Employment Law Sep. 4, 2009
Ali v. U.S.A. Cab Ltd.
Class certification properly denied where declarations by putative class members were used to show lack of commonality. 		Employment Law Aug. 26, 2009
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