Anthony Oncidi on Employer Liability Issues

Employee Entitled To $17.2 Million For Wrongful Termination/Defamation

King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020) - Timothy King sued his former employer for defamation, wrongful termination in violation of public policy, and breach of the implied covenant of good faith and...more

9/28/2020 / Covenant of Good Faith and Fair Dealing , Defamation , Employer Liability Issues , Former Employer , Gender Discrimination , Harassment , Hiring & Firing , Public Policy Violations , Remittitur , Wrongful Termination

California Amends Independent Contractor Law (Again) – New Exemptions for Music Industry Workers, Freelance Writers and...

Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have...more

9/9/2020 / ABC Test , Employee Definition , Employer Liability Issues , Exemptions , Independent Contractors , Misclassification , Music Industry , State Labor Laws , Writers

“Oh, We Were Just Leaving!”: California Court Halts Order Requiring Uber and Lyft to Reclassify Drivers

Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more

8/25/2020 / ABC Test , Employee Definition , Employer Liability Issues , Gig Economy , Independent Contractors , Lyft , Misclassification , Preliminary Injunctions , Ridesharing , State Labor Laws , Uber , Wage and Hour

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

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

8/14/2020 / Class Action , Class Certification , Class Members , Class Representatives , Collateral Estoppel , Employer Liability Issues , Mootness , Rest and Meal Break , Settlement Agreements , Wage and Hour

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

8/13/2020 / Affirmative Contribution , Employer Liability Issues , Independent Contractors , Negligence , Premises Liability , Summary Judgment , Workers' Compensation Claim , Workplace Safety , Wrongful Death

Service Technicians May Be Entitled To Compensation For Travel Time

Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) - In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they...more

8/11/2020 / Collective Bargaining Agreements (CBA) , Commute Time , Employer Liability Issues , Employment Litigation , Minimum Wage , Putative Class Actions , Travel Time , Triable Issue of Fact , Wage and Hour

Class Action Was Improperly Removed To Federal Court Under CAFA

Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) - Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the...more

8/6/2020 / CAFA , Class Action , Employer Liability Issues , Home State Exception , Private Attorneys General Act (PAGA) , Putative Class Actions , Removal , Wage and Hour

Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case

David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) - Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks...more

8/6/2020 / Actual or Constructive Knowledge , Employer Liability Issues , Minimum Wage , Off-The-Clock , Rest and Meal Break , State Labor Laws , Summary Judgment , Trial Court Orders , Wage and Hour

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) - Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St....more

8/5/2020 / ADEA , Age Discrimination , Employer Liability Issues , Employment Discrimination , First Amendment , Hiring & Firing , Leave of Absence , Ministerial Exception , Religious Institutions , Religious Schools

IATSE Signatory Was Employer Responsible For Payment Of Unpaid Wages

Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020) - Alyosha Mattei and three other lighting technicians, all members of Local 728 of the IATSE trade union, worked on the production of a...more

8/5/2020 / Employer Liability Issues , Employment Litigation , Non-Signatories , Wage and Hour , Wage Orders

Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements

Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020) - Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most...more

8/4/2020 / Airlines , CA Supreme Court , Collective Bargaining Agreements (CBA) , Employer Liability Issues , Employment Litigation , Federal Labor Laws , Labor Code , Railway Labor Act , Transportation Industry , Wage and Hour , Wage Statements

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down

IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020) - The Ninth Circuit has affirmed the district court’s grant of summary judgment in favor of IMDb.com, a website that lists, among other things, the actual ages of...more

8/4/2020 / Age Discrimination , Celebrities , Employer Liability Issues , Entertainment Industry , First Amendment , Free Speech , Hiring & Firing , Websites

Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII

Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020) - The question for the United States Supreme Court in this (and two companion cases) was whether Title VII of the Civil Rights Act of 1964 is violated by an...more

8/4/2020 / Bostock v Clayton County Georgia , Civil Rights Act , Employer Liability Issues , Gender Identity , Hiring & Firing , SCOTUS , Sex Discrimination , Sexual Orientation , Title VII , Transgender

Safety Concerns Regarding COVID-19 Infection Could Lead to More Plaintiff-Friendly Juries

Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study. Dispute Dynamics surveyed 321 individuals, inquiring...more

6/23/2020 / Bias , Coronavirus/COVID-19 , Defense Strategies , Employer Liability Issues , Employment Litigation , Infectious Diseases , Juror , Jury Trial , Jury Verdicts , Litigation Strategies , Trial Practice Guidance , Trial Preparation

Court Properly Dismissed Employer’s Civil Rights Claim Against Employee

Patel v. Chavez, 2020 WL 2109599 (Cal. Ct. App. 2020) - Balubhai Patel and various entities sued Manuel Chavez, the former on-site property manager of the Stuart Hotel, which was owned and operated by Patel and the other...more

5/26/2020 / Anti-SLAPP , Employer Liability Issues , Employment Litigation , False Testimony , Labor Commissioners , Litigation Privilege , Wage and Hour

Lyft Was Not Liable For Accident Involving One Of Its Drivers

Marez v. Lyft, Inc., 2020 WL 2108643 (Cal. Ct. App. 2020) - While driving a car rented through Lyft’s “Express Drive Program,” Jonathan Guarano struck the plaintiffs and caused significant injuries. Plaintiffs sued Lyft...more

5/26/2020 / Car Accident , Employer Liability Issues , Independent Contractors , Lyft , Privette Doctrine , Respondeat Superior , Scope of Work

Threat To Terminate Employee May Constitute Extortion

Galeotti v. International Union of Operating Eng’rs Local No. 3, 2020 WL 2188995 (Cal. Ct. App. 2020) John Galeotti, a former business agent for the union, alleged he was wrongfully terminated for refusing to contribute money...more

5/22/2020 / Demurrers , Employer Liability Issues , Extortion , Hiring & Firing , Penal Code , Union Representatives , Unions , Wrongful Termination

Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment

Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) - Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote based...more

5/22/2020 / Employer Liability Issues , Job Promotions , Race Discrimination , Sexual Harassment , Statute of Limitations , Summary Judgment

Unlimited Vacation Policy Failed To Properly Compensate Employees

McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020) - In this case of first impression, the California Court of Appeal affirmed the trial court’s judgment (except for the amount of damages and...more

5/21/2020 / Employer Liability Issues , Employment Litigation , Employment Policies , Paid Time Off (PTO) , Vacation Leave , Vacation Pay , Wage and Hour

Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials

Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020) - Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act (“FCRA”) because his former employer had...more

5/21/2020 / Disclosure Requirements , Employer Liability Issues , Employment Application , Employment Litigation , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Putative Class Actions

After-Acquired Evidence Was Properly Used To Defeat ADA Claim

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) - After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her...more

5/20/2020 / After-Acquired Evidence , Americans with Disabilities Act (ADA) , Disability , Employer Liability Issues , Employment Litigation , Hiring & Firing , Job Applicants

Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee

Reynaud v. Technicolor Creative Servs. USA, Inc., 46 Cal. App. 5th 1007 (2020) - Plaintiffs Michael and Fiona Reynaud (both British citizens) sued Michael’s former employer, Technicolor, for negligence based upon its...more

5/20/2020 / Emotional Distress Damages , Employer Liability Issues , Employment Litigation , FEHA , Green Cards , Hiring & Firing , Jury Awards , Jury Verdicts , Temporary Work Visas

CalChamber Releases its Annual List of “Job Killer” Bills Proposed by the California Legislature

The California Chamber of Commerce has just identified 10 recently introduced “job killer” bills that have been proposed by the California legislature. Worth noting are the following...more

5/19/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Paid Leave , Proposed Legislation , State Labor Laws , Unemployment Insurance , Workers' Compensation Claim , Workplace Safety

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more

5/14/2020 / Arbitration , Civil Rights Act , Constructive Discharge , Emotional Distress Damages , Employer Liability Issues , Employment Litigation , Hiring & Firing , Jury Awards , Jury Verdicts , Punitive Damages , Title VII

Appellate Court Reverses $13 Million Gender Discrimination Verdict

Today, the California Court of Appeal reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Dr. Pinter-Brown sued for alleged...more

5/5/2020 / Appellate Courts , Employer Liability Issues , Gender Discrimination , Jury Verdicts , Prejudicial Error , Retaliation , Reversal , UCLA

Anthony Oncidi

Proskauer Rose LLP

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