Anthony Oncidi at Proskauer Rose LLP

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

5/10/2013 - Class Action Coerced Patronage Collective Actions Discrimination Enforcement Forum Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mental Illness Mootness Racial Discrimination Sexual Harassment Suicide Unpaid Overtime Unpaid Wages

California Chamber of Commerce Releases Its 2013 List of “Job Killer” Bills

The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly...more

4/12/2013 - Chamber of Commerce FHA Homeless Person’s Bill of Rights and Fairness Act Minimum Wage Paid Leave Proposed Legislation

Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party

Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of the accident, Oto was driving from an event related to his employment. (Oto was driving a...more

3/28/2013 - Car Accident Release Agreements Respondeat Superior Settlement Vicarious Liability

Card Club’s Tip-Pooling Arrangement Did Not Violate The Law

Haim Avidor is the lead plaintiff in this putative class of current and former card dealers employed by Sutter’s Place, a cardroom/casino located in San Jose (“Bay 101?). Bay 101 required its dealers to contribute a set...more

3/28/2013 - Card Dealers Casinos Class Action Tip-Pooling

Employee Could Proceed With Whistleblower Claims

Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for...more

3/28/2013 - False Claims Act Fraud Hiring & Firing Retaliation Termination Whistleblowers

Reporters’ Class Action For Unpaid Overtime Should Not Have Been Certified

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment...more

3/28/2013 - Class Action FLSA Over-Time Wang v Chinese Daily News

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more

3/27/2013 - Disability Discrimination Discrimination Harassment Hiring & Firing Intentional Infliction of Emotional Distress Retaliation Termination

Employee Who Exhausted Four Months Of Pregnancy Leave Was Entitled To Further Disability Leave

In a case of first impression, the California Court of Appeal determined in this case whether an employee who has exhausted all permissible leave (four months) under the California Pregnancy Disability Leave Law (“PDLL”) may...more

3/27/2013 - FEHA Maternity Leave Pregnancy Disability Leave Law Reasonable Accommodation

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

3/27/2013 - Defamation Discrimination FEHA Gender Discrimination Hiring & Firing Internal Investigations Termination

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more

3/27/2013 - Anti-SLAPP Defamation Intentional Infliction of Emotional Distress Motion To Strike Sexual Assault Sexual Harassment

California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases

Wynona Harris alleged her employment was terminated by the City of Santa Monica because of her pregnancy in violation of the California Fair Employment and Housing Act. The city claimed Harris had been fired for poor job...more

3/27/2013 - Discrimination FEHA Jury Instructions Mixed Motive Cases Pregnancy Discrimination

California Employment Law Notes - January 2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

1/14/2013 - Breach of Implied Contract Class Action Class Certification Disability Discrimination FEHA FMLA Hiring & Firing Jury Instructions Lucasfilm Negligent Supervision Over-Time Pregnancy Discrimination Reasonable Accommodation Rest and Meal Break Termination Workplace Violence

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Anthony Oncidi

Proskauer Rose LLP

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