California Employment Law Update

Tag Archives: summary judgment

November 2023 California Employment Law Notes

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims Disability Discrimination Claim Was Properly Dismissed On Summary Judgment Employee’s Attorney’s “Pervasive Incivility” Justified … Continue Reading

Employee’s Meal and Rest Break PAGA Claims Survive Summary Judgment

Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023) Cecilia Arce worked as a certified nursing assistant at a skilled nursing facility. After her employer terminated her, she brought claims under the Private Attorneys General Act (“PAGA”) that she worked through meal and rest periods and was not paid premiums she was owed … Continue Reading

Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19

Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023) Karen Hartstein represents a certified class of former Hyatt employees who were laid off after the onset of the COVID-19 pandemic in March 2020. The class alleged that Hyatt violated California law by failing to pay them immediately for their accrued vacation time and by … Continue Reading

Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion

Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023) Plaintiff Natalie Operstein was a professor of linguistics at California State University, Fullerton, and plaintiff Craig Ross is her husband. In 2014, the university hired a law firm to investigate multiple accusations Operstein raised to her superiors about three of Operstein’s colleagues. Defendant Colleen Regan, … Continue Reading

Arbitrator Correctly Enforced Release Agreement Executed By Employee

Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023) Elizabeth Castelo sued her former employer Xceed Financial Credit Union for wrongful termination and age discrimination in violation of FEHA.  After the parties stipulated to binding arbitration, the arbitrator granted summary judgment to Xceed based on a release that Castelo signed after she … Continue Reading

September 2023 California Employment Law Notes

We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Short-Term Military Leave May Have To Be Comparable To Non-Military Leave Benefits

Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023) Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are required to provide employees who take military leave with the same non-seniority rights and benefits as colleagues who take comparable non-military leaves. Casey Clarkson, a pilot for Alaska Airlines and a military … Continue Reading

Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated

Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023) Suchin Lin received favorable performance evaluations as an IT Engineer at Kaiser before the decision was made to eliminate her position. Before Lin was informed of the elimination of her position, she fell in the workplace and suffered an injury to her shoulder, … Continue Reading

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 began working at Rite Aid where Lund worked as a district manager/district leader. Atalla and her husband socialized with Lund and his wife, and Atalla and Lund exchanged … Continue Reading

January 2023 California Employment Law Notes

We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

Employer Need Not Count Overtime Twice In Bonus Calculation

Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023) Stephen Lemm, a route sales manager, brought a PAGA action against his employer, Ecolab, Inc., alleging that Ecolab improperly calculated nondiscretionary bonuses. Pursuant to Ecolab’s incentive plan, an employee could receive a higher monthly bonus based on performance as a percent of gross wages. … Continue Reading

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus

Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) Joan Opara was terminated from her employment as an IRS revenue officer after the IRS determined she had committed several “UNAX offenses” (i.e., incidents of unauthorized access of taxpayer data). Following her termination, Opara sued the Treasury Secretary, alleging she was terminated in violation of the … Continue Reading

November 2022 California Employment Law Notes

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises.  Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell … Continue Reading

School District Employee May Have Been Discriminated Against On The Basis Of A Disability

Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position.  Although she received an offer for a full-time position, it was contingent upon her passing a … Continue Reading

Whistleblower Claim Should Not Have Been Dismissed In Part

Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to … Continue Reading

Equal Pay Act Claim Should Not Have Been Dismissed

Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey.  As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … Continue Reading

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

AutoZone May Not Have “Provided” Suitable Seating To Employees

Meda v. AutoZone, Inc., 81 Cal. App. 5th 366 (2022) Monica Meda worked as a sales associate at an AutoZone for approximately six months before quitting and suing for violation of the Private Attorneys General Act (“PAGA”), asserting AutoZoners (the operating company for AutoZone) had failed to provide suitable seating to employees at the cashier … Continue Reading

Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case

Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5).  Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading

Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant

Musgrove v. Silver, 82 Cal. App. 5th 694 (2022) As part of an entourage of family and friends, a Hollywood producer (Joel Silver) brought his executive assistant (who was employed through Silver’s company) as well as a French chef Silver personally employed to a luxurious resort in Bora Bora, French Polynesia to attend the August … Continue Reading

July 2022 California Employment Law Notes

We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading
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