Steelworkers brought an action under the Fair Labor Standards Act [FLSA; 29 U.S.C. § 203(o)],alleging their employer violated the FLSA by failing to compensate them for time spent donning and doffing protective gear, a process involving donning a flame-retardant jacket, pants and hood, a hardhat, a snood, wristlets, work gloves, leggings, metatarsal boots, safety glasses, earplugs […]
We Have Immunity: It’s For Your Own Good…And Next We’ll Report You To The IRS.
An airline pilot’s employment was to be terminated after he had an outburst during simulator training and did not complete the training. Other employees at the airline discussed two prior episodes involving other disgruntled airline persons who lashed out violently, and the other employees reported the pilot’s name to the Transportation Security Administration [TSA], informing TSA […]
No Shortcut Around Collective Bargaining Agreement.
An arbitrator ruled that a school district exceeded his powers when he ruled the district violated a public employee collective bargaining agreement by reducing the work year of certain classified employees without the consent of the union and the employees. The superior court confirmed the arbitration award, and the school district appealed. The appellate court found […]
Constructive Discharge In Violation Of Public Policy Claim To Go Forward.
Plaintiff brought an action against his employer for constructive discharge in violation of public policy and intentional infliction of emotional distress [IIED], after his employer, who allegedly required extensive use of plaintiff’s vehicle, refused to reimburse him for mileage. On appeal, plaintiff contended the trial court abused its discretion in sustaining defendant’s demurrer without leave to […]
Late Filing Of Undertaking Causes Employer’s Appeal To Be Dismissed.
A welder prevailed before the Labor Commissioner, and the employer filed a notice of appeal which is the statutory prerequisite for obtaining a trial de novo in superior court. The welder filed a motion to dismiss the employer’s appeal on the ground the employer failed to timely post an undertaking as is required by Labor Code […]
Big Difference For Real Estate Agent When Criminal Conviction Is Dismissed “In The Interests Of Justice” Under Penal Code Section 1385 Than When It’s Expunged Under Penal Code Section 1203.4.
In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted […]
Abuse Of ERISA Pension Plan.
In a marital dissolution action, the husband [who is also a lawyer] claimed that pursuant to the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 1001], his pension plan was exempt from levy on a writ of execution to pay his spouse’s attorney for attorney fees. The court rejected his argument “on the ground there […]
Decertified Class Ordered Recertified.
Allstate Insurance Company changed the classification of its auto field adjusters from salaried employees to hourly employees in response to litigation challenging their misclassification as employees exempt from protection of overtime wage laws. After the change, Allstate presumed that an adjuster’s workday begins with the first appointment as set by the Work Force Management System. Plaintiff […]
Unexpected Consequences In Removing Employment Case To Federal Court.
Plaintiff brought a discrimination action against her employer under California’s Fair Employment and Housing Act [FEHA; Government Code section 12900]. Defendant removed the action to federal court on the basis of diversity of citizenship. A jury awarded plaintiff $27,280 for gender discrimination, and the court awarded $697,971.80 for attorney fees. The sole basis of the employer’s […]
Employer’s Malicious Prosecution Cross-Complaint Against Employee Tossed.
An employee sued his employer for wrongful termination. The employer cross-complained for malicious prosecution, contending the employee had maliciously prosecuted a meritless claim for unemployment insurance benefits. The employee’s special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] was denied. The court of appeal reversed, stating: “Having determined that the malicious […]
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