Court of Appeal Reverses Verdict Awarding $86 Million in Tips to Starbucks Employees
02-June-2009
Court holds that Starbucks did not violate California law by requiring its baristas to split tips with shift supervisors.

Reductions In Premiums For COBRA Under American Recovery and Reinvestment Act of 2009
23-April-2009
New COBRA developments.

Wage and Hour Settlement Vacated Because of Insufficient Discovery
15-April-2009
Court of Appeal reverses judgment approving class action settlement for 18,000 Foot Locker employees.

Terminated Disabled Employee May Have Been Able to Perform Essential Functions of a Different Job
15-April-2009
Court of Appeal reverses judgment for employer, holding terminated and disabled employee may have been able to be reassigned to a different, vacant position.

Ninth Circuit Court of Appeals Holds Employer's Non-Compete agreements Were Unenforceable
15-April-2009
Federal Ninth Circuit Court holds non-compete covenants held with former employees who were subsequently hired by client were unenforceable.

Statute of Limitations for Employees’ FEHA Claims Was Tolled While Administrative Remedy Was Being Pursued
15-April-2009
Court of Appeal reverses dismissal of employees' FEHA claims, holding that statute of limitations was tolled while administrative remedies were being sought.

California Overtime Requirements Apply to Work Performed in California by Non-Resident Employees
10-April-2009
Court holds that employees who perform work in California but reside in other states are subject to California overtime laws.

Cases Pending Before the California Supreme Court
01-February-2009


New Labor and Employment Laws Effective January 1, 2009
01-January-2009
New Labor and Employment Laws for 2009 regarding new salary basis tests for computer professionals, final pay for temporary service employees, false time card affidavits, texting while driving, workers' compensation reporting, and commuter benefits for San Francisco employees.

Post-Brinker California Appellate Court Holds California Law Requires Employers to Provide Meal and Rest Periods, But Do Not Need to Ensure They Are Actually Taken
28-October-2008
The California Court of Appeal, Second District, joins several other courts in holding an employer's obligation to provide meal and rest periods under California law merely requires such breaks be made available.

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


Independent Contractor Agreements May Contain Clauses Allowing the Parties to Terminate the Relationship ?At Will?
15-September-2008
Court holds that a clause in an agreement that allows either party to terminate the relationship ?at will? does not transform an independent contractor relationship into an employment relationship.

Appellate Court Holds Stock Purchase Plans with Forfeiture Provisions Do Not Violate Labor Code
18-June-2008
A voluntary incentive compensation plan that permits employees to purchase company stock but requires forfeiture if the employee leaves the company within a certain time does not violate California law.

Employer That Reviewed Employee?s Text Messages Violated his Right to Privacy
18-June-2008
Court holds police officer had reasonable expectation of privacy in text messages sent and received on his city-issued pager.

US Supreme Court Requires Case-by-Case Assessment of ?Me Too? Evidence in Discrimination Cases
27-February-2008
U.S. Supreme Court holds ?Me too? evidence used in ?pattern and practice? discrimination cases may be permitted on a case-by-case basis.

District Court Finds Employers Are Not Obligated to Ensure Employees Take Meal Breaks
26-February-2008
Federal court holds FedEx was not obligated to ensure their drivers were taking meal and rest breaks, so long as they were made available to the drivers.

US Supreme Court Holds Single Employee May Sue Employer for Breach of Fiduciary Duty Under ERISA
20-February-2008
US Supreme Court holds a single employee may sue their employer for breach of fiduciary duty for failing to carry out instructions regarding an individual 401(k) account.

Workers? Compensation Denied for Employee?s Self-Caused Stress
25-January-2008
An employee who caused self-induced stress by being rude and inappropriate with co-workers cannot recover workers? compensation benefits.

Appellate Court Holds IT Network Director was Exempt Administrative Employee
17-January-2008
Court holds a network director for a small broadband ISP company was exempt from overtime and meal period requirements under California law.

San Francisco Health Care Security Ordinance May Be Preempted by Federal Law
02-January-2008
The San Francisco Health Care Security Ordinance which mandated certain larger private employers and nonprofit corporations to make minimum levels of health care expenditures was held to be preempted by ERISA.

Court Holds That Even Though An Employee Handbook States All Employees Must Sign An Arbitration Agreement, Employer Must Produce Actual Arbitration Agreement Signed by Employees To Compel Arbitration
12-December-2007
Court holds that employer must be able to produce the actual arbitration agreement signed by employees to compel arbitration.

Sales Representative is Awarded $480,000 from a Wrongful Termination Claim
12-December-2007
Car dealership employee brought action against employer, alleging wrongful termination in violation of public policy, fraud, and fraudulent inducement of employment, and was awarded $480,000.

$1.3 Million Verdict Affirmed in Favor of Employee Who was Retaliated Against
29-November-2007
Employee who was discriminated against and then retaliated against was awarded a $1.3 million verdict.

California Appellate Court Holds that Trial Court Erred in Failing to Certify Broader Wage and Hour Class Actions
21-November-2007
A trial court erred in failing to certify a wage and hour class action.
Four employees of a petroleum transportation company sought to bring a wage and hour class action against their employer, alleging: (1) the failure to pay overtime; (2) the requirement of off-the-clock work; (3) the failure to provide meal and rest breaks; (4) the incorrect calculation of vacation pay; and (5) the failure to pay pro rata vacation pay upon termination of employment. The plaintiffs filed a motion for class certification.

Appellate Court Holds that Employee?s Pursuit of Grievance Procedure Under a Collective Bargaining Agreement Does Not Bar FEHA Claim
09-November-2007
Employee?s utilization of the grievance procedure under a collective bargaining agreement did not bar him from asserting his FEHA claims.

Pharmaceutical Representative Satisfies Outside Sales Exemption
25-October-2007
Former sales employee brought action against former employer, alleging failure to pay overtime wages and other violations of state labor standards.

San Francisco Adopts New Sick Leave Law
10-November-2006
San Francisco has become the first city in the nation to require companies to provide paid sick leave...

Court Overrules Summary Judgment For Employer In Same-Sex Sexual Harassment Suit
13-September-2006
Singleton v. United States Gypsum Co., 140 Cal. App. 4th 1547 (2006)
A maintenance mechanic employed by USG was terminated for allegedly saying, ?if we [have to] work on Christmas, I am going to come in here with a gun and shoot everybody except Sandy.?...

Non-Consensual Taping Of Clients May Have Violated California?s Privacy Laws
13-July-2006
Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006)
Several California clients of SSB filed a class action lawsuit against the company seeking damages and injunctive relief based upon SSB?s practice of recording telephone conversations without their clients? knowledge...

California Supreme Court Rules Waiting Time Penalties Apply to Temporary Employees
10-July-2006
Smith v. Superior Court, 39 Cal.4th 77 (2006)
Amanza Smith worked as a hair model for one day for an agreed upon wage of $500. She performed the day of work as required, but did not receive her wages until more than two months later...

Ninth Circuit Court of Appeals Holds That Epileptic Equipment Operator May Have Been Discriminated Against on Basis of His Disability
06-July-2006
Dark v. Curry County, 451 F.3d 1078 (9th Cir. 2006)
Robert Dark, an epileptic, worked as a maintenance and construction worker for Curry County, Oregon...

Release Agreement May Not Bar Later Discrimination Claims
22-June-2006
Butler v. Vons Companies, Inc., 140 Cal. App. 4th 943 (2006)
While working as a stock clerk for Vons, Butler signed a release agreement arising from an altercation that he had with his manager...


Health Care Workers On An Alternative Workweek Schedule Are Only Entitled to Overtime When They Work More Than 40 Hours in a Workweek
12-June-2006
Singh v. Superior Court (UHS of Delaware, Inc.), 140 Cal. App. 4th 387 (2006)
Singh, a registered nurse, worked an alternative workweek schedule of three 12 hours per day. Singh brought a class action seeking overtime pay for all hours worked beyond his regularly scheduled alternative workweek of 36 hours per week...

D.C. Court of Appeals Holds That Lone Employee Picketing Is Not Engaged in Protected Concerted Activity
02-June-2006
International Transportation Service, Inc. v. NLRB, 449 F.3d 160 (D.C. Cir. 2006)
A container operator at the port of Long Beach fired Deanna Tartaglia, its only payroll billing clerk, after she and two union representatives picketed to gain recognition of the International Longshore and Warehouse Union as Tartaglia?s bargaining agent...

IWC Exceeded Its Authority In Creating Meal Period Exemption In Wage Order No. 16
07-April-2006
Bearden v. U.S. Borax, Inc., 138 Cal. App. 4th 429 (2006)
Plaintiffs worked 12.5 hour shifts in defendant?s mine operations, but were given only one 30-minute meal break per shift...

The California Labor Code Does Not Impose Personal Liability on Corporate Officers for Unpaid Wages
14-March-2006
Jones v. Gregory, 137 Cal. App. 4th 798 (2006)
The Labor Commissioner sued Science Adventures (SA), and its Chief Executive Officer, William Gregory, for failure to pay 45 former employees...