David W. Tyra at Kronick, Moskovitz, Tiedemann & Girard

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

4/22/2013 - Arbitration Arbitration Awards Conflicts of Interest Due Process

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

2/19/2013 - Appeals CFCA Discrimination False Claims Act False Weight Tagging Hiring & Firing Illegal Conduct Recycling Retaliation Reversal Termination Whistleblower Protection Policies Whistleblowers

Laboratory Retirees May Proceed In Their Lawsuit Over Health Benefits Against Regents

A group of retirees from Lawrence Livermore National Laboratory brought a lawsuit against the Regents of the University of California (“Regents”) after the University of California eliminated their University-sponsored health...more

2/8/2013 - Board of Regents Employee Benefits Employer Group Health Plans Health Insurance Lifetime Limits Retirement Writ of Mandamus

Disability Discrimination Claim Failed Where Employee Admitted Her Disability Made It Impossible For Her To Fulfill Her Job Duties

An employee brought a lawsuit against her employer claiming disability discrimination after she was terminated from her employment. The United States Court of Appeals for the Ninth Circuit held that the employee could not...more

2/4/2013 - Disability Discrimination Discrimination Essential Functions FEHA Hiring & Firing Intentional Infliction of Emotional Distress Montblanc Termination

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

2/4/2013 - Appeals Class Action Class Certification Commonality Independent Contractors Misclassification Over-Time Rest and Meal Break Skilled Laborers Wage and Hour

Employee Who Was Never Separated Or Dismissed From Employment Could Not State A Claim Against Her County Employer For Failure To...

An employee on disability leave brought a lawsuit against the county that employed her for failure to reinstate her or to help her apply for disability retirement benefits. A court of appeal held that the employee failed to...more

2/4/2013 - Disability Disability Leave Dismissals Eligibility Retirement

Presidential Appointments To The National Labor Relations Board Are Invalid

In Noel Canning v. National Labor Relations Board (--- F.3d ----, C.A.D.C., January 25, 2013), the United States Court of Appeals considered a challenge to a ruling by the National Labor Relations Board (“NLRB”) on the...more

1/30/2013 - Barack Obama Canning v NLRB NLRB Pro Forma Sessions Recess Appointments

Police Department Is Not Required To Rehire Disabled Officer Who Is No Longer Able To Perform Essential Functions Of The Job

In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California Fair Employment and...more

12/27/2012 - Disability Discrimination Essential Functions FEHA Police Reasonable Accommodation Retaliation

Civil Action Challenging Termination Is Barred When Administrative Hearing Is Sufficiently Quasi-Judicial In Nature

In Basurto v. Imperial Irrigation District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 8, 2012), a California court of appeal considered whether an employee terminated by a public irrigation district could seek civil...more

12/24/2012 - Administrative Hearings Collateral Estoppel Due Process FEHA Termination

Timekeeping Policy That Rounds Employees’ Time To Nearest Tenth Of An Hour Is Permissible Under California Law Provided That The...

A court of appeal recently concluded that California law does not prohibit the application of a federal regulation that allows employers to compute employees’ work time by using a nearest-tenth rounding method as long as the...more

12/10/2012 - DOL Rounding Wage and Hour

Employee Was Not Entitled To “Reporting Time Pay” For Attending Scheduled Meeting Or “Split Shift” Pay Because He Earned More Than...

An employee who attended scheduled meetings and worked at least half of the scheduled time was not entitled to receive “reporting time pay” and he also was not entitled to additional compensation for “split shift” pay when he...more

11/26/2012 - IWC Reporting Time Pay Split-Shift

Governor Brown Signs Bills Adding Protection for Religious Practices

Governor Brown recently signed two bills that are designed to combat religious discrimination. The Workplace Religious Freedom Act, AB 1964, amends the Government Code and will protect workers who wear turbans, hijabs, and...more

11/26/2012 - The Workplace Religious Freedom Act

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David W. Tyra

Kronick, Moskovitz, Tiedemann & Girard

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