A security guard complained to his employer about not receiving his paychecks and said he would go to “the Labor Board.” He was fired. Over three years later, the Labor Commissioner determined “there is reasonable cause to believe [the employer] violated the Labor Code,” and directed the employer to cease and desist retaliation, offer the employee […]
No Unemployment Payments When Wages Earned As Independent Contractor.
Plaintiff is an attorney who left private practice in 2007 to work as a law clerk at the superior court. He lost his job at the superior court due to the economic recession and was unable to find employment either in the public or private sector. He filed a claim for unemployment benefits. His benefits commenced […]
Within The Scope Of Employment Includes Planned Stops For Frozen Yogurt And A Yoga Class.
An employee of an insurance broker was required to use her personal vehicle to visit prospective clients, make presentations, provide educational seminars, follow leads, and transport company materials. On the day of an accident, at the end of the workday, she decided she would stop for some frozen yogurt and take a yoga class. As she […]
Exhaust Your Administrative Remedies. Or Else, Where There’s Smoking, There’s Firing.
Plaintiff worked for the State of California and the California Assembly. He complained to his supervisor that another supervisor was smoking inside the working premises. Two weeks later, plaintiff was fired. Plaintiff brought an action for retaliatory discharge, and defendants demurred, arguing the court lacked jurisdiction because plaintiff failed to exhaust his administrative remedies pursuant to […]
For A Detective Reporting Abusive Interrogation Tactics, That Another Officer Engaged In, An En Banc Opinion Changes Everything.
Last year, we reported the following: “Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.” A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. […]
The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???
An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
CIGA Sent Packing In Workers’ Compensation Case.
Applicant in a Workers’ Compensation action was on the payroll of a company, but was working as a personal assistant for the president of the company. The company had one insurer and the president of the company had homeowner’s insurance with another insurer. Of course, there were arguments about who employed her, but the parties were […]
Volunteer Police Officer Not An Employee Under FEHA.
The city of Los Angeles deems those who serve as volunteer police reserve officers as employees for the limited purpose of extending workers’ compensation benefits. The appellate court held: “The City’s policy decision to extend workers’ compensation benefits to these individuals, who voluntarily put themselves in harm’s way on behalf of the community, does not transform the volunteers‘ […]
Dept. Of Industrial Relations Estopped From Claiming Cosmetologists Are Employees After Labor Commissioner Found Them To Be Independent Contractors.
An administrative law judge concluded cosmetologists were independent contractors, and, therefore several salons were not liable for contributions for unemployment, employment training and disability as well as personal income tax withholdings along with penalties and interest. Nonetheless the Commissioner acting through the Division of Labor Standards, an entity within the Department of Industrial Relations [Labor Code […]
Employer Not Responsible For Actions Of A Co-Worker Toward Plaintiff.
Plaintiff, an African American woman, brought an action against her employer alleging she had been subjected to a racially hostile work environment by a co-worker, who is a white woman. The trial court granted summary judgment in favor of the employer because the co-worker was not plaintiff’s supervisor and could not hire, fire, demote, promote, transfer […]
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