A Single Incident Of Harassing Conduct May Create A Hostile Work Environment -
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) -
Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
1/26/2024
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Certification ,
Collective Actions ,
Employee Benefits ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Poison Pill ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Release Agreements ,
Rest and Meal Break ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous:Â Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
1/3/2022
/ Appeals ,
Charitable Organizations ,
Class Certification ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Tax Exempt Entities ,
Unpaid Wages ,
Volunteers ,
Wage and Hour
Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) -
Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she...more
Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) -
Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more
Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) -
Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more
8/12/2020
/ Class Action ,
Class Certification ,
Employment Policies ,
Motion to Compel ,
Motion To Strike ,
Non-Exempt Employees ,
Off-The-Clock ,
Statutory Authority ,
Trial Court Orders ,
Wage and Hour ,
Zero Tolerance Policies
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more
7/28/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Schedules ,
Discovery ,
Employment Litigation ,
Excusable Neglect ,
Filing Deadlines ,
Furloughs ,
Local Rules ,
Scheduling Orders ,
Wage and Hour
Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) -
David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by...more
Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered -
Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) -
T.J. Simers, a well-known sports...more
3/23/2018
/ Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Class Certification ,
Digital Realty Trust Inc v Somers ,
Disability Discrimination ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Former Employee ,
Fraud Prevention ,
Hiring & Firing ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies
Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more
9/13/2017
/ Accrual Requirements ,
Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Burden-Shifting ,
CA Supreme Court ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Demurrers ,
DFEH ,
Disability Discrimination ,
Discovery ,
Discovery Disputes ,
Dismissals ,
Evidence ,
FEHA ,
First Amendment ,
Former Employee ,
Genuine Issue of Material Fact ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Interim Adverse Judgment Rule ,
Involuntary Reduction in Force ,
Libel ,
Litigation Fees & Costs ,
Malicious Prosecution ,
Motion to Compel ,
Pretext ,
Private Attorneys General Act (PAGA) ,
Probable Cause ,
Public Policy ,
Putative Class Actions ,
Race Discrimination ,
Reasonable Accommodation ,
Remedies ,
Retaliation ,
Reversal ,
Right to Privacy ,
Section 998 ,
Settlement Offer ,
Statute of Limitations ,
Subpoenas ,
Summary Judgment ,
Telemarketing ,
Trade Secrets ,
Vacation Pay ,
Vicarious Liability ,
Waiting Periods ,
Websites
In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more
7/11/2017
/ Abuse of Discretion ,
Agricultural Workers ,
Attorney's Fees ,
Breach of Contract ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Form I-9 ,
Mortgage Servicers ,
Motion to Compel ,
Non-Exempt Employees ,
On-Duty Meal Period Waivers ,
Petition for Writ of Mandate ,
Punitive Damages ,
Rest and Meal Break ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Subpoenas ,
Underwriting ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Work-Product Doctrine
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods -
Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) -
Jennifer Augustus filed this...more
1/10/2017
/ Anti-SLAPP ,
Appeals ,
Apple ,
Assault ,
Breach of Contract ,
CA Supreme Court ,
Car Accident ,
Class Action ,
Class Certification ,
CNN ,
Defamation ,
Delivery Drivers ,
Disability Discrimination ,
Discrimination ,
DLSE ,
Emotional Distress Damages ,
Employer Liability Issues ,
Equal Protection ,
FEHA ,
First Amendment ,
Free Speech ,
Hostile Environment ,
On-Call Employees ,
Preemption ,
Rest and Meal Break ,
Retaliation ,
Safe Harbors ,
Security Guards ,
Stock Options ,
Summary Judgment ,
Teamsters ,
Unions ,
UPS ,
Vacation Pay ,
Wage and Hour ,
Wage Statements ,
Wages ,
Workers' Compensation Claim ,
Wrongful Termination
Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department -
Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) -
Jabari Jumaane, an African-American firefighter with the Los...more
Newly Enacted California Statutes -
The Word "Alien" Is Stricken From The California Labor Code -
Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
9/8/2015
/ ADEA ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Background Checks ,
CAFA ,
Cheerleaders ,
Class Action ,
Class Certification ,
Commercial General Liability Policies ,
Commercial Truck Drivers ,
Cumis Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
En Banc Review ,
False Claims Act (FCA) ,
First-to-File ,
Grocery Stores ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jurisdiction ,
Labor Code ,
Labor Commissioners ,
Misclassification ,
Motion for Summary Judgment ,
National Guard ,
New Legislation ,
Pretext ,
Qui Tam ,
Reasonable Accommodation ,
Removal ,
Rest and Meal Break ,
Retaliation ,
Title VII ,
Unfair Competition ,
Wage and Hour ,
Whistleblowers
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
7/17/2015
/ Anti-SLAPP ,
Appeals ,
Bad Faith ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Convictions ,
Costco ,
Department of Corrections ,
Disability Discrimination ,
Discovery ,
Disparate Treatment ,
EEOC v Abercrombie ,
Elonis v US ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
FBI ,
First Amendment ,
First-to-File ,
Forum Selection ,
Gender Discrimination ,
Good Faith ,
Hiring & Firing ,
In Forma Pauperis ,
Independent Contractors ,
Internships ,
Labor Code ,
Labor Commissioners ,
Leave of Absence ,
Lost Wages ,
Malicious Prosecution ,
Marshalls ,
Misappropriation ,
Misclassification ,
Motion for Summary Judgment ,
Petition for Writ of Mandate ,
Private Attorneys General Act (PAGA) ,
Private Right of Action ,
Protective Orders ,
Putative Class Actions ,
Qui Tam ,
Reasonable Accommodation ,
Religious Discrimination ,
Remand ,
SCOTUS ,
Sex Discrimination ,
Sexual Abuse ,
Sexual Harassment ,
Statute of Limitations ,
Statutory Rights ,
Tax Liability ,
Title VII ,
Trade Secrets ,
Unemployment Benefits ,
Unions ,
Unpaid Interns ,
Wage and Hour ,
Withholding Tax ,
Work-Induced Stress ,
Wrongful Termination
The putative class members in this case moved for class certification on the theory that although Walgreens’s stated policy on meal breaks was proper, its actual practice departed from its stated policy in an illegal and...more
Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed -
Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014).
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more
5/14/2014
/ Age Discrimination ,
Class Certification ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FICA Taxes ,
Fitness for Duty Exams ,
Hiring & Firing ,
Public Employees ,
Putative Class Actions ,
Sarbanes-Oxley ,
Severance Pay ,
Sexual Harassment
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 ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Jury Instructions ,
Lucasfilm ,
Negligent Supervision ,
Over-Time ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
Termination ,
Workplace Violence