Cases Pending Before the California Supreme Court
24-October-2008

Harassment and Damages: Roby v. McKesson HBOC, 53 Cal.Rptr.3d 558 (2006), review granted April 18, 2007. Two issues are before the Court: (1) In an employment discrimination and harassment by hostile work environment action, does Reno v. Baird, 18 Cal.4th 640 (1998) require that the claim for harassment be established entirely by reference to a supervisor's acts that have no connection with matters of business and personnel management, or may such management-related acts be considered as part of the totality of the circumstances allegedly creating a hostile work environment? (2) May an appellate court determine the maximum constitutionally permissible award of punitive damages when it has reduced the accompanying award of compensatory damages, or should the court remand for a new determination of punitive damages in light of the reduced award of compensatory damages?

Privacy: Hernandez v. Hillsides, Inc., 48 Cal.Rptr.3d 780 (2006), review granted January 3, 2007. May employees assert a cause of action for invasion of privacy when their employer installed a hidden surveillance camera in the office to investigate whether someone was using an office computer for improper purposes, only operated the camera after normal working hours, and did not actually capture any video of the employees who worked in the office?

Representative Claims: Amalgamated Transit Union, Local 1756, AFL-CIO v. Super. Ct. (First Transit, Inc.), 148 Cal. App. 4th 39 (2006), review granted June 20, 2007. Two issues are before the Court: (1) Does a worker's assignment to the worker's union of a cause of action for meal and rest period violations carry with it the worker's right to sue in a representative capacity under the California Private Attorneys General Act of 2004 (Lab. Code, ? 2699 et seq.) or the Unfair Competition Law (Bus. & Prof. Code, ? 17200 et seq.)? (2) Does Business and Professions Code section 17203, as amended by Proposition 64, which provides that representative claims may be brought only if the injured claimant "complies with Section 382 of the Code of Civil Procedure," require that private representative claims meet the procedural requirements applicable to class action lawsuits?

Wage and Hour: Martinez v. Combs, decision without published opinion (2003), review granted March 3, 2004. Can the officers and directors of a corporate employer be held personally liable for causing the corporation to violate the statutory duty to pay minimum and overtime wages, either on the ground such officers and directors fall within the definition of ?employer? in Industrial Welfare Commission Wage Order No. 9 or on another basis?

Harris v. Sup. Ct. (Liberty Mutual Insurance), 154 Cal. App. 4th 164 (2007), review granted November 28, 2007. Do claims adjusters employed by insurance companies fall within the administrative exemption (Cal. Code Regs, Title 8, ? 11040) and thus, are not entitled to overtime compensation?

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