Orange County Employment Law Blog
Employer Waives Right to Compel Arbitration of Class Action Claims by Litigating Case
In Bower v. Inter-Con Security Systems, ___ Cal.App.4th ___ (December 31, 2014), the California Court of Appeal (First Appellate District, Division Three) affirmed the order of the San Francisco County Superior Court (Judge Kahn) denying defendant’s motion to compel...
California Whistleblower Need Not Complain to Labor Commissioner Before Filing Lawsuit
In Satyadi v. West Contra Costa Healthcare District, ___ Cal.App.4th ___ (December 31, 2014), the California Court of Appeal (First Appellate District, Division Five) reversed the order of the Contra Costa County Superior Court (Judge Austin) sustaining defendant’s...
Teacher With Cancer Who Was Assigned to Teach Certain Grade Levels Over Her Objections Could Maintain Action for Discrimination Based on Medical Condition
In Swanson v. Morongo Unified School District, ___ Cal.App.4th ___ (December 30, 2014), the California Court of Appeal (Fourth Appellate District, Division Three) reversed the order of the San Bernardino County Superior Court (Judge Hosking) granting summary judgment...
FLSA Does Not Require Employees to be Paid for Time Spent Passing Through Security Screening
In Integrity Staffing Solutions, Inc. v. Busk, ___ U.S. ___ (December 9, 2014), the United States Supreme Court reversed the ruling of the United States Court of Appeals for the Ninth Circuit holding that, pursuant to the federal Fair Labor Standards Act (“FLSA”),...
Determination That Applicant for Unemployment Benefits Was Employee, Rather Than Independent Contractor, is Reviewable by California Superior Court
In West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board, ___ Cal.App.4th ___ (December 5, 2014), the California Court of Appeal (Second Appellate District, Division Eight) reversed the judgment of the Los...
Employee’s Bad Behavior Dooms Claims of Disability Discrimination and Retaliation
In Curley v. City of North Las Vegas, ___ F.3d ___ (9th Cir. December 2, 2014), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the District of Nevada (Judge Dawson), granting summary judgment on plaintiff’s claims of employment...
Whistleblower Lawsuit Allowed Where Conduct Complained of Affected Public at Large
In Ferrick v. Santa Clara University, ___ Cal.App.4th ___ (December 1, 2014), the California Court of Appeal (Sixth Appellate District) reversed the order of the Santa Clara County Superior Court (Judge Overton) sustaining defendant’s demurrer to plaintiff’s claim...
Perceived Whistleblower May Maintain Action for Wrongful Termination in Violation of Public Policy
In Diego v. Pilgrim United Church of Christ, ___ Cal.App.4th ___ (November 21, 2014), the California Court of Appeal (Fourth Appellate District, Division One) reversed the order of the San Diego County Superior Court (Judge Trapp) granting defendant’s motion for...
Court, Not Arbitrator, Must Decide Whether Class and/or Representative Arbitration is Available
In Garden Fresh Restaurant Corp. v. Superior Court, ___ Cal.App.4th ___ (November 17, 2014), the California Court of Appeal (Fourth Appellate District, Division One) affirmed the order of the San Diego County Superior Court (Judge Wohlfeil) granting defendant’s...
Health Care Worker’s Class Action for Unpaid Minimum Wages Due to “Rounding” Dismissed Where Plaintiff Signed Arbitration Agreement
In Willis v. Prime Healthcare Services, ___ Cal.App.4th ___ (November 14, 2014), the California Court of Appeal (Second Appellate District, Division Five) reversed the order of the Los Angeles County Superior Court (Judge Wiley) denying defendant’s motion to compel...