In Cohen v. TNP 2008 Participating Notes Program, et al. (B266702, 2019 Cal.App. LEXIS 76, publication order 1/31/19), the California Court of Appeal, Second Appellate District held that a non-signatory parent company of a...more
In Furry v. East Bay Publishing (A151986, Filed 12/12/2018), a California appeals court held that imprecise evidence by an employee can provide a sufficient basis for damages when the employer fails to keep accurate records...more
Donohue v. AMN Services, LLC (2018 WL 6445360) was recently decided by California’s Court of Appeal, Fourth District, and adds further nuance to the state’s wage and hour laws. Donohue, a nurse recruiter formerly employed...more
In Wassmann v. South Orange County Community College District, No. G053411, published June 12, 2018, the California Court of Appeal held that an employee was barred from bringing an Intentional Infliction of Emotional...more
In William Bustos v. Global P.E.T, Inc., et al. (Cal Ct. App., Dec. 22, 2017, No. E065869), William Bustos brought a disability discrimination action against his former employers, Global P.E.T., Inc. and Global Plastics, Inc....more
In M.F. v. Pacific Pearl Hotel Management LLC (Cal. Ct. App., Oct. 26, 2017, No. D070150) 2017 WL 4831603, a hotel housekeeper (known as M.F. to preserve her privacy) was assaulted and raped at work by a trespasser known to...more
In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting...more
It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently,...more
Workers’ compensation litigation often is driven by disagreement over the apportionment of permanent disability. A vast body of case law exists reflecting the courts’ efforts to resolve conflicts between the provisions of the...more
In Resh v. China Agritech, No. 15-55432, published May 24, 2017 (Resh), the Ninth Circuit Court of Appeals held that a would-be class action is not time barred where (1) the plaintiffs were unnamed plaintiffs in two earlier...more
On remand from the United States Supreme Court, the Ninth Circuit again vacated a District Court’s Order denying enforcement of an administrative subpoena issued to an employer by the Equal Employment Opportunity Commission...more
In Featherstone v. Southern California Permanente Medical Group, (No. B275225, filed 4/19/17), the California Court of Appeal for the Second Appellate District held absent evidence an employee’s resignation was coerced, an...more
In Vaquero v. Stoneledge Furniture, LLC, (No. B269657, filed 2/28/17) the California Court of Appeal for the Second Appellate District held employers must separately compensate their commission based employees for mandatory...more
Assembly Bill 2296 brings California another step closer to a fully paperless system. Partners David Harris and Yvette Davis authored an article “AB 2296: Electronic signatures” in Daily Journal’s New Laws 2017 report,...more
In Lidia Soto v. Motel 6 Operating, L.P., (Superior Court No. 37-2015-00017074-CI-OE-CTL), published October 20, 2016, the Court of Appeal for the Fourth Appellate District unanimously rejected an employee’s argument that her...more
In Mohamed v. Uber Technologies (9th Cir. 15-16178), published September 7, 2016, a three judge panel of the Ninth Circuit upheld Uber’s mandatory arbitration provisions in the contracts signed by its drivers. In its ruling,...more
In McLean v. State of California, et al., Case No. S221554, published August 18, 2016, the Supreme Court of California held that Labor Code sections 202 and 203, which govern prompt payment of an employee’s final wages, apply...more
Pursuant to the Americans With Disabilities Act (“ADA”) (42 U.S.C. Section 1201, et seq.) and California’s Civil Code Section 54 (the “DPA”), individuals with disabilities are entitled to “the same rights as the general...more
On July 27, 2016, in Reginald Mitchell v. California Department of Public Health (“Mitchell”) (Superior Court Case No. BC550911), the Court of Appeal for the Second Appellate District held that the one year statute of...more
In City of Petaluma, the former employee filed a charge with the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging sexual harassment and retaliation during her employment with the City of Petaluma (“City”). The...more
On June 28, 2016, in Rogelio Ramos v. Manuel Garcia (“Ramos”) (Superior Court Case No. 37-2013-00037990-CU-OE-CTL), the Court of Appeal for the Fourth Appellate District reaffirmed that under Labor Code Section 218.5 an...more
On June 7, 2016, in Alice Mendoza v. The Roman Catholic Archbishop of Los Angeles (USCA 9th No. 14-55651 (“Mendoza”), the Ninth Circuit held that under the Americans with Disabilities Act, an employee alleging disability...more
After two years of discussion and comment from the public, employers and elected officials, the United State’s Department of Labor (“DOL”) announced the enactment of new regulations that radically change the number of...more
On April 5, 2016, the San Francisco Board of Supervisors unanimously passed a law requiring all San Francisco businesses with more than 20 employees to supplement parental leave payments made by the State of California. The...more
On March 25, 2016, the Court of Appeal for the Sixth Appellate District held that an employer who successfully defeats an employee’s overtime claim brought pursuant to California Labor Code section 1194 is not entitled to...more