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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Whitman v. Dept. of Transportation
Court lacks jurisdiction to hear complaint of federal aviation employee alleging unlawful drug testing. 		Employment Law Jun. 19, 2006
Stephens v. County of Tulare
Plaintiff who was dismissed from employment due to work-related disability is entitled to back pay upon reinstatement. 		Employment Law Jun. 19, 2006
Empire Healthchoice Assurance Inc. v. McVeigh
Health plan administrator seeking reimbursement from beneficiary who recovered damages in state court tort action may not do so in federal court. 		Employment Law Jun. 16, 2006
U.S. v. Novak
Garnishment of pension plan funds pursuant to Mandatory Victims Restitution Act is not barred by ERISA anti-alienation provision. 		Employment Law Jun. 14, 2006
Mills v. Superior Court (Bed, Bath & Beyond Inc.)
Payment mandated by Labor Code Section 226.7 for employer's failure to provide meal or rest periods is penalty not wage. 		Employment Law Jun. 6, 2006
Overton v. Walt Disney Co.
Employer was not required to compensate employees for travel time where use of parking lot shuttle bus was not mandatory. 		Employment Law May 24, 2006
Lyle v. Warner Brothers Television Productions
'Creative necessity' is not affirmative defense for sexual harassment that allegedly occurred on 'Friends' show. 		Employment Law May 23, 2006
Bandt v. Board of Retirement, San Diego County Employees Retirement Association
Retirement board's interim actuarial valuation of employees' pension fund did not violate interests of its members. 		Employment Law Apr. 24, 2006
Comer v. Micor Inc.
ERISA-plan participant who was nonsignatory of arbitration agreement entered into by plan was not required to arbitrate his claim. 		Employment Law Apr. 10, 2006
Hardage v. CBS Broadcasting Inc.
Actions taken by employer did not amount to constructive discharge of employee who sued for sexual harassment. 		Employment Law Apr. 10, 2006
Kroske v. US Bank Corp.
Congress did not intend for plaintiff's claim of age discrimination under Washington Law Against Discrimination to be pre-empted by National Bank Act. 		Employment Law Apr. 9, 2006
Markham v. United States
Federal court did not have jurisdiction over party's claim against Dept. of Labor dealing with administrative, not constitutional issue. 		Employment Law Apr. 7, 2006
Raine v. City of Burbank
City had no duty to accomodate disabled employee by making temporary accommodation permanent where to do so would require creating new position. 		Employment Law Apr. 7, 2006
Kelly v. Stamps.com Inc.
Summary judgment in favor of employer was improper when pregnant ex-employee presented triable issues concerning reasons for termination. 		Employment Law Apr. 7, 2006
Bell v. Farmers Insurance Exchange
Judgment awarding employees prejudgment interest based on 10 percent interest rate was proper for breach of contract damages. 		Employment Law Apr. 7, 2006
Hamilton v. Washington State Plumbing & Pipefitting Industry Pension Plan
Purported assignment of pension rights to children of deceased did not meet strict requirements of Qualified Domestic Relations Order under ERISA. 		Employment Law Apr. 5, 2006
Fleetwood Enterprises Inc. v. Workers' Compensation Appeals Board
Worker's compensation benefits are denied because employee's injuries after business trip ended were not suffered in course of his employment. 		Employment Law Mar. 29, 2006
Armenta v. Osmose Inc.
Waiting time penalties imposed on employer should have been calculated using minimum wage claimed by employees. 		Employment Law Mar. 29, 2006
Patten v. Grant Joint Union High School District
School district employee's transfer from one principal position to another raises triable issue of material fact regarding adverse employment action. 		Employment Law Mar. 21, 2006
Gin v. Pennsylvania Life Insurance Co.
Disability that resulted from repetitive stress was not 'accidental bodily injury' for purpose of receiving disability benefits. 		Employment Law Mar. 20, 2006
Jones v. Los Angeles County Office of Education
Disabled Office of Education employee seeking reinstatement was only entitled to placement on office re-employment list. 		Employment Law Mar. 20, 2006
Hardage v. CBS Broadcasting Inc.
Actions taken by employer did not amount to constructive discharge of employee who sued for sexual harassment. 		Employment Law Mar. 1, 2006
Ash v. Tyson Foods Inc.
Racial animus may be evidenced by use of the term 'boy' regardless of whether speaker uses racial modifier. 		Employment Law Feb. 23, 2006
State Personnel Board v. Dept. of Personnel Administration
Allowing civil service employees to bypass State Personnel Board when challenging disciplinary actions violates California Constitution. 		Employment Law Feb. 17, 2006
Caliber Bodyworks Inc. v. Superior Court (Herrera)
Employees' putative class action complaint did not survive demurrer as to causes of action seeking civil penalties for alleged Labor Code violations. 		Employment Law Feb. 8, 2006
Claudio v. Regents of the University of California
Triable issue existed with respect to employer's violation of duty to engage in process determining employee accommodations. 		Employment Law Feb. 7, 2006
Lyle v. Warner Brothers Television Productions
'Creative necessity' is not affirmative defense for sexual harassment that allegedly occurred on 'Friends' show. 		Employment Law Feb. 6, 2006
Alvarez v. IBP Inc.
Changing into and out of specialized protective gear constitutes 'work' under the Fair Labor Standards Act for which employees must be compensated. 		Employment Law Feb. 6, 2006
Ceballos v. Garcetti
District attorney's office is not entitled to immunity from deputy's retaliation claims. 		Employment Law Feb. 6, 2006
Claudio v. Regents of the University of California
Triable issue existed with respect to employer's violation of duty to engage in process determining employee accommodations. 		Employment Law Feb. 6, 2006
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