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
No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) -
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more
4/3/2023
/ Arbitration ,
California ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Sexual Harassment ,
Wrongful Termination
Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims -
Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) -
George Choochagi worked as a technical support manager for...more
3/19/2021
/ ABC Test ,
CA Supreme Court ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020) -
Chad Starks gave notice to the Labor and Workforce Development Agency (LWDA) of his allegations that his employer (Vortex) had violated certain Labor...more
Safeway Wage & Hour Cases, 2019 WL 6954322 (Cal. Ct. App. 2019) -
Following a jury trial, the trial court entered judgment in favor of Safeway on the ground that plaintiff William Cunningham was subject to the executive...more
Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more
3/9/2017
/ Anti-SLAPP ,
Appeals ,
California Family Rights Act (CFRA) ,
Class Action ,
Company Vehicles ,
Credit Reports ,
Department of Labor (DOL) ,
Disability Discrimination ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Gender Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Intentional Infliction of Emotional Distress ,
Non-Exempt Employees ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
Retaliation ,
Reversal ,
Sales Commissions ,
Standard of Review ,
Summary Judgment ,
Title VII ,
Vicarious Liability
Ninth Circuit Strikes Down Employer's Class Action Waiver -
Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) -
As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more
9/12/2016
/ Amusement Parks ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
DFEH ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Native American Issues ,
NLRA ,
Over-Time ,
Prompt Payment ,
Race Discrimination ,
Removal ,
Retirement Plan ,
Sovereign Immunity ,
Title VII ,
Wage and Hour
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC -
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) -
The EEOC filed suit against CRST (a trucking company) alleging...more
7/14/2016
/ Appeals ,
Apple ,
Arbitrary and Capricious ,
Attorney's Fees ,
Attorney-Client Privilege ,
Cartwright Act ,
Computer Fraud and Abuse Act (CFAA) ,
Constructive Discharge ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Disability Discrimination ,
Economic Espionage Act ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Former Employee ,
Green v Brennan ,
Hiring & Firing ,
Judgment on the Merits ,
Lay-Offs ,
Misappropriation ,
Motions to Quash ,
Navarro v Encino Motorcars ,
Outside Counsel ,
Over-Time ,
Passwords ,
Permanent Injunctions ,
Personal Jurisdiction ,
Prevailing Party ,
Race Discrimination ,
Resignation ,
Restraining Orders ,
Reversal ,
SCOTUS ,
Service Advisors ,
Sex Discrimination ,
Sexual Harassment ,
Sherman Act ,
Statute of Limitations ,
Termination ,
Time Warner ,
Title VII ,
Tortious Interference ,
Trade Secrets ,
Unauthorized Access ,
Unpaid Overtime ,
Unpaid Wages ,
US v Nosal ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Violence
Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed -
Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) -
David W. Sanders, a maintenance manager for Energy Northwest (a...more
3/17/2016
/ Bonuses ,
Breach of Contract ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Department of Labor (DOL) ,
Employee Training ,
Employment Contract ,
Energy Reorganization Act ,
Fair Labor Standards Act (FLSA) ,
Mootness ,
Over-Time ,
Protected Activity ,
Putative Class Actions ,
Reimbursements ,
Retaliation ,
Rule 68 ,
SCOTUS ,
Tip Credit ,
Tip-Pooling ,
Tolling ,
Unjust Enrichment ,
Wage and Hour ,
Whistleblowers
On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more
Gov. Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for...more
Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII -
University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) -
The United States...more
7/12/2013
/ Adverse Employment Action ,
But For Causation ,
CAFA ,
Class Action ,
Discrimination ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
Misclassification ,
Over-Time ,
Race Discrimination ,
Religious Discrimination ,
Rest and Meal Break ,
Retaliation ,
SCOTUS ,
SEIU ,
Settlement ,
Sexual Harassment ,
Supervisors ,
Title VII ,
Unions ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
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
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