Plaintiff bus driver brought an action against a City, alleging she was fired because she was pregnant, in violation of the Fair Employment and Housing Act [FEHA, Government Code section 12940]. The City claimed she was fired for poor job performance. At trial, the City asked the court to instruct the jury that if it found […]
Employer Mandated Tip Pooling Not Illegal.
Class action plaintiffs alleged their casino employer violated Labor Code sections 351 and Code of Civil Procedure section 631.8. The appellate court affirmed, stating that “given the absence of legislative intent to prohibit employer-mandated tip pooling,” it could not conclude the practice is illegal. Avidor v. Sutter’s Place, Inc. (Cal. App. Sixth Dist.; January 23, 2013) 212 Cal.App.4th 1439.
No Commonality Among Employment Decisions Means No Class Action.
In Wal-Mart Stores, Inc. v. Dukes (U.S. Sup. Ct.; June 20, 2011) 131 S.Ct. 2541, [180 L.Ed.2d 374], current and past employees of Wal-Mart sought injunctive relief, punitive damages and back pay for themselves as well as 1.5 million female employees, alleging discrimination against women under Title VII of the Civil Rights Act of 1964. A federal district court […]
Frivolous Claim Under False Claim Act Entitles Employee To Attorney Fees.
Kern county sued an employee under the False Claim Act (Government Code section12650 ff.) after the employee sought reimbursement for classes taken. The court found that the action under the False Claims Act was frivolous and was filed in retaliation for a federal suit against the county filed by the employee. The court awarded attorney fees […]
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
Sexual Harassment Against Employer Verdict Under Civil Code Section 51.7: Freedom From Violence Or Intimidation.
A woman janitor brought an action against her employer for sexual harassment and acts of violence against her involving kisses and other touching forced upon her by a co-employee who did a lot of drinking on the job. The case was tried, not on FEHA violations, but on causes of action for negligent supervision and […]
Arbitration Agreement Not Unconscionable.
Plaintiff brought an action against her former employer alleging discrimination and harassment based on race and sex. When plaintiff applied for the job, she had filled out an 11-page employment application, several pages of which required her signature on the bottom of the page. The signature lines were highlighted in yellow. Page 8 was entitled, […]
Plaintiff Failed To Engage In Interactive Process Required By FEHA.
A Department General Order requires that when a police officer returns to full duty after a period of temporary duty, the officer must be able to perform the essential functions of the full duty police officer position. Here plaintiff started as a police officer in 1981 until 2005 when he suffered a severe heart attack […]
Pregnancy Discrimination Judgment Reversed.
A jury awarded $113,830 in compensatory damages for employment pregnancy discrimination. The trial court later awarded $1,157,411 in attorney fees. The employer requested, and the trial court refused to give, the following instruction: “You may not find that [the employer] discriminated against [the plaintiff] based upon a belief that [the employer] made a wrong or […]
Child Support Is Owned By The Children.
After mother was convicted of various charges based, in part, on failure to pay a foreign citizen whom she arranged to immigrate based on a fraudulently obtained visa, the court ordered her to pay the foreign citizen restitution based on the value of the services performed. In the restitution order, the court ordered mother to […]
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