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LaRue v. DeWolff, Boberg & Associates Inc.
ERISA Section 502(a)(2) permits recovery for fiduciary breaches that diminish value of plan assets in participant's individual account.
Employment Law Feb. 20, 2008
California Public Employees' Retirement System v. Superior Court (Trobee)
Whistleblower is collaterally estopped from relitigating findings litigated in quasi-adjudicatory proceedings before State Personnel Board.
Employment Law Feb. 19, 2008
Hammond v. County of Los Angeles
Nurse's FEHA claims are not time-barred where supervisor continues to take adverse employment actions by reducing plaintiff's workload within limitations period.
Employment Law Feb. 13, 2008
Brand v. Regents of the University of California
Plaintiff may proceed with suit for damages where defendants fail to reach timely decision concerning his grievances.
Employment Law Feb. 13, 2008
Ahmadi-Kashani v. The Regents of the University of California
Court errs in finding FEHA claim barred for employee's failure to exhaust internal remedy.
Employment Law Jan. 30, 2008
Ross v. RagingWire Telecommunications Inc.
Employee fired for medical marijuana use cannot state cause of action under FEHA or for wrongful termination in violation of public policy.
Employment Law Jan. 25, 2008
Hammond v. County of Los Angeles
Employee’s action is timely if she alleged that her employer engaged in series of discriminatory acts, and that some occurred during limitations period.
Employment Law Jan. 23, 2008
Bradley v. California Dept. of Corrections and Rehabilitation
Individual who works for state agency pursuant to state contract with third-party is state employee for purposes of Fair Employment and Housing Act.
Employment Law Jan. 22, 2008
Weber v. Dept. of Veterans Affairs
Where Veterans Medical Center is federal agency, plaintiff wanting to sue for back pay must show specific authorization waving sovereign immunity.
Employment Law Jan. 16, 2008
Fichman v. Media Center
Directors and producers of nonprofit organization are not considered employees within meaning of Age Discrimination in Employment Act and Americans with Disabilities Act.
Employment Law Jan. 15, 2008
Saffon v. Wells Fargo & Co. Long Term Disability Plan
Where long-term disability plan is administered and funded by same entity, court must discount deference accorded to administrator’s decision to deny benefits.
Employment Law Jan. 10, 2008
NLRB v. Friendly Cab Co.
Taxicab drivers denied ability to pursue entrepreneurial opportunities and subjected to considerable control by cab company are ‘employees’ under National Labor Relations Act.
Employment Law Jan. 9, 2008
Norton v. San Bernardino City Unified School District
Trial court erred when it did not clearly state whether or not plaintiff had been reinstated to former position, creating internal inconsistency.
Employment Law Jan. 8, 2008
Bernard v. State Farm Mutual Automobile Insurance Co.
Termination-notice and termination-review provisions in agency agreement created at-will employment relationship, precluding employee from pursing breach of contract claim arising from his termination.
Employment Law Dec. 24, 2007
National Treasury Employees Union v. Federal Labor Relations Authority
Petition for review is denied based on 'National Treasury Employees Union v. Federal Labor Relations Authority.'
Employment Law Dec. 20, 2007
Perez v. Uline Inc.
Military reservist’s rights under Uniformed Services Employment and Reemployment Rights Act may not be waived by severance agreement.
Employment Law Dec. 9, 2007
Prentice v. Board of Administration, PERS
Limitations in calculating public employee's retirement allowances exclude from consideration payments not available to similarly situated employees.
Employment Law Dec. 9, 2007
Wysinger v. Automobile Club of Southern California
Jury findings that employer failed to engage in interactive process but provided disabled employee accommodation are consistent.
Employment Law Dec. 2, 2007
McCoy v. Superior Court (Kimco Staffing Services Inc.)
General one-year statute of limitations applies to actions that seek waiting time penalties for belatedly paid final wages, but not back wages.
Employment Law Nov. 28, 2007
Mokler v. County of Orange
Derogatory comments made in three instances over five-week period does not establish pattern of continuous, pervasive harassment giving rise to abusive work environment.
Employment Law Nov. 26, 2007
Ortega v. Contra Costa Community College District
Employee’s utilization of grievance procedure created by collective bargaining agreement does not bar him from pursuing judicial relief.
Employment Law Nov. 12, 2007
State of Alaska v. EEOC
Eleventh Amendment bars employment discrimination suit brought by policymaking assistants terminated from Governor's Office under Government Employee Rights Act.
Employment Law Nov. 8, 2007
Reid v. Google Inc.
Google's termination of 54-year-old for not being 'cultural fit' supports claims of age discrimination, but not unfair hiring and promotion.
Employment Law Nov. 4, 2007
San Jose Construction Inc. v. S.B.C.C. Inc.
Triable issue exists to determine whether documents containing information compiled through time consuming process by employer and taken by former employee constitutes trade secret.
Employment Law Oct. 15, 2007
Roden v. AmerisourceBergen Corp.
Court may interpret and review scope of prior judgment awarding retirement benefits to employee pursuant to employment contract, but may not calculate benefit amount.
Employment Law Oct. 15, 2007
Shane v. Albertson's Inc.
Improper delegation of discretionary authority prompts court's 'de novo' review of decision to terminate benefits under plan effective at time disability commenced.
Employment Law Oct. 15, 2007
Miller v. Rite Aid Corp.
State law claims are not pre-empted where alleged beneficiaries are not participants in ERISA plan.
Employment Law Oct. 11, 2007
Reid v. Google Inc.
Google's termination of 54-year-old for not being 'cultural fit' supports claims of age discrimination, but not unfair hiring and promotion.
Employment Law Oct. 7, 2007
Sumuel v. Advo Inc.
Bona fide disability plan deducting salary on first day of leave does not violate 'salary basis test' exempting employees from overtime payments.
Employment Law Oct. 2, 2007
Ramanathan v. Bank of America
National Bank Act does not preempt discrimination claims of 'vice president' whom bank fails to show is 'officer' of bank.
Employment Law Oct. 1, 2007