A police officer on a motorcycle was killed when a man was exiting his employer’s driveway onto a highway at the end of the work day. The officer’s family brought a wrongful death suit against the employer, contending the employee was within the course and scope of his employment at the time of the collision. […]
Previously We Reported: As The Pizza Franchise Turns.
Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Government Code section 12940] alleging she was sexually harassed at her job by her manager. The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed a motion for summary judgment with evidence that “Domino’s was not [the alleged harasser’s] […]
Wrongful Termination Cause Of Action Adequately Pled, But Not IIED.
In a wrongful termination action, the trial court sustained the demurrer without leave to amend. With regard to the wrongful termination cause of action, itself, the appellate court found plaintiff adequately pled allegations he was fired in violation of public policy for complaining to management about fraudulent warranty repair claims on automobiles being submitted to […]
Trial Court Erred In Denying Motion For Class Certification.
Plaintiff filed a putative class action against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions Code section 17200 et seq.; declaratory relief; […]
Petition To Compel Arbitration Denied.
In a wage and hour claim, a plaintiff signed an agreement with her employer. In the 2001 Agreement, the parties agreed to mediate “any dispute arising out of” employment, except “workers’ compensation claims, unemployment insurance[,] and matters governed by the California Labor Commissioner[.]” The arbitration provision provided as follows: “Arbitration. In the event mediation does […]
Okay To Require Exempt Employees To Dip Into Annual Leave Time When Absent For Portions Of A Day.
Employer has a practice of requiring exempt employees to use their annual leave hours when they are absent from work for portions of a day. A 2005 appellate decision [Conley v. Pacific Gas & Electric (2005) 131 Cal.App.4th 260, [31 Cal.Rptr.3d 719]] established that California law does not prohibit such a policy, but plaintiff contends […]
Wrong Standard Of Review Applied In Disability Retirement Petition For Writ Of Mandate.
In his first application for industrial disability retirement, a police officer said he could not work because of back pain. After his first application was denied, he submitted a second one stating he experienced PTSD [post-traumatic stress disorder], specifically flashbacks and nightmares about his combat experience during the Gulf War, early in his career with […]
Employers May Not Average Commission Payments Over Certain Pay Periods.
Plaintiff is a commissioned salesperson who received biweekly paychecks, which included hourly wages in every pay period and commission wages approximated every other pay period. After plaintiff’s wage and hour action against her employer was removed to federal court and made it to the appeal stage, the Ninth Circuit requested the California Supreme Court to […]
Good Faith Error Does Not Disqualify For Unemployment Benefits.
An employee refused to sign a written disciplinary notice because he disputed the factual allegations in it and because he thought he was entitled to consult with his union representative first. The only question before the California Supreme Court was “whether the single act of disobedience constituted misconduct within the meaning of California’s Unemployment Insurance […]
Apartment House Owner Entitled To Credit For Free Rent Given To Resident Manager As Against Manager’s Claim For Minimum Wage.
Plaintiff and defendant entered into a written agreement whereby plaintiff would work as a resident manager of an apartment complex and receive free rent, $100 per month toward utilities, one telephone line and an internet high speed connection. Plaintiff thereafter brought a claim before the Labor Commissioner against defendant for not paying her a minimum […]
- « Previous Page
- 1
- 2
- 3
- 4
- 5
- …
- 15
- Next Page »