Proskauer - California Employment Law

Second-Place Bidder On Public Works Contract Could Proceed With Tortious Interference Claim

Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply a…more
| Civil Procedure, Labor & Employment Law, Business Torts, Government Contracting

Ninth Circuit Submits Day Of Rest Questions To California Supreme Court

Mendoza v. Nordstrom, Inc., 2015 WL 691304 (9th Cir. 2015) - The United States Court of Appeals for the Ninth Circuit has certified three questions to the California Supreme Court..…more
| Labor & Employment Law

Health Care Employees Should Not Have Been Permitted To Waive Their Second Meal Periods

In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one of…more
| Civil Procedure, Labor & Employment Law, Health

Employer Met Its Burden Of Proving At Least $5 Million Amount In Controversy For CAFA Removal

In this putative class action, plaintiffs alleged that Knight Transportation had misclassified them as independent contractors when in fact they were employees who were not reimbursed their lease-related and fuel costs as…more
| Civil Procedure, Labor & Employment Law

$90 Million Judgment In Favor Of Security Guards Who Remained On Call During Rest Breaks Is Reversed

In this class action lawsuit, plaintiffs alleged that ABM did not provide rest periods to its security guard employees because it failed to relieve them of all duties and required them to remain on call during their breaks. The…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond to…more
| Construction Law, Labor & Employment Law

San Quentin Correctional Officer Could Proceed With Civil Claim For Injury Suffered While On Prison Premises

Monnie Wright was a correctional officer at San Quentin State Prison who lived on the premises of the prison in a unit he rented from the State of California. Wright was injured when he fell in the course of his walk from his…more
| Civil Procedure, Labor & Employment Law

Federal Air Marshal Could Proceed With Whistleblower Lawsuit

Robert J. MacLean became a federal air marshal for the TSA in 2001. In that role, MacLean was assigned to protect passenger flights from potential hijackings. In July 2003, the Department of Homeland Security issued a…more
| Administrative Law, Civil Rights, Elections & Politics, Labor & Employment Law, Transportation

Applicant Could Proceed With Race Discrimination Claim Despite Undisclosed Criminal Conviction

Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is African American, twice applied for an organizer…more
| Civil Rights, Labor & Employment Law

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury until…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated

Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before allegedly injuring his back while moving furniture at his home. Following the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of…more
| Civil Procedure, Labor & Employment Law, Health

Immigrant Who Used Someone Else’s SSN To Obtain Employment Was Properly Deported To Mexico

Gloria Ibarra-Hernandez, a native and citizen of Mexico, sought review of a final order of removal from the United States after the Board of Immigration Appeals (the “Board”) held that she was ineligible for cancellation of…more
| Labor & Employment Law, Immigration Law

Employer Properly Challenged CUIAB’s Determination That Worker Was Not An Independent Contractor

After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter…more
| Labor & Employment Law

Trial Court Properly Denied Class Certification For Unpaid Meal Break Claims

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 class…more
| Civil Procedure, Labor & Employment Law
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