The defendant/employer had a multi-level Arbitration Agreement approach to addressing workplace concerns. The first step obligates the employee to bring concerns to the attention of management. If still unresolved, the second step requires a dispute to be presented to a panel of three employees, with each side being given 30 minutes to present its position to the […]
Charter City Must Conduct Arbitration For Furlough Grievances.
A charter city adopted a mandatory furlough program for its civilian employees. Employees lodged grievances, arguing furloughs violated duly ratified memorandums of understanding [MOUs] with their union. The grievances were denied and the employees requested arbitration. The city refused to arbitrate, and the superior court granted the union’s petition for an order compelling the city […]
No Issue Of First Amendment Protection When School Teacher Fired After Blasting “Zionist Jews.”
A substitute school teacher attended an “Occupy Los Angeles” rally and gave an interview to a reporter. Exercising her First Amendment rights, during the interview, she said she worked for the Los Angeles Unified School District, and stated: “I think that the Zionist Jews who are running these big banks and our Federal Reserve, which are […]
Award For Overtime Pay Upheld At Safeway Supermarkets.
After plaintiff was terminated by a grocery chain store, she brought an action to recover unpaid overtime pay because she regularly spent more than 50 percent of her work hours doing nonexempt tasks. The trial court entered judgment awarding her $26,184.60 plus interest for overtime pay. The supermarket appealed, contending the trial court failed to account […]
Employee Does Not Receive Salary And Is Not Exempt From Overtime.
California law provides that, absent an exemption, an employee must be paid time-and-a-half for work in excess of 40 hours per week. To be exempt from that requirement the employee must perform specified duties in a particular manner and be paid “a monthly salary equivalent to no less than two times the state minimum wage […]
Employer May Distinguish Between Disability Caused Misconduct And Disability Under FEHA.
In Wills v. The Sup. Ct. of Orange County (Cal. App. Fourth Dist., Div. 3; April 13, 2011) (As Mod., May 12, 2011) 194 Cal.App.4th 312, [2011 DJDAR 5338], an employee of the Superior Court suffered from bipolar disorder. During a manic episode she threatened fellow employees and others. The Court discharged her for this conduct and she sued, […]
Workers Compensation Psychiatric Injury Award Annulled.
Labor Code section 3208.3, subdivision (h), states a psychiatric injury is not compensable “if the injury was substantially caused by a lawful nondiscriminatory, good faith personnel action.” In this case, the worker sustained psychiatric injury after encountering trouble at work. An agreed medical evaluator concluded the injury was not substantially caused by personnel actions, and the Workers […]
Employment Arbitration Provision Not Unconscionable.
Plaintiff brought an action against her employer under the Fair Employment and Housing Act [FEHA; Government Code section 12940] and the Family Rights Act [Government Code section 12945.2] and for wrongful termination in violation of public policy. The arbitration agreement plaintiff signed provided, “I understand and agree that if my employment is terminated or my employment […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
Suicide May Be Compensable Even If It Is Planned.
In 2001, while working as a ship laborer, plaintiff fell 25 to 50 feet from a barge to a dry dock, landing on a steel floor. He suffered blunt trauma to the head, chest and abdomen, a fractured rib and scapula and knee and back pain. He resumed work but left after a while. He filed […]
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