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 […]
Following The Rules Set At The Beginning Of The Arbitration Game.
When Bloomingdales hired plaintiff, she received a set of documents including advisement that its policy was to resolve disputes through arbitration unless she returned an enclosed form within 30 days electing, as the form put it, “NOT to be covered by the benefits of arbitration.” Plaintiff thereafter filed a class action against Bloomingdales for unpaid overtime […]
A Promise Is A Promise For A Job With A State Agency.
Plaintiff responded to a public announcement for a job with a state agency. He was offered the job and accepted, but the Friday night before he was told to report, he was notified the position had been eliminated. He brought an action for damages to recover the expenses he incurred, and the trial court granted […]
“ Special Mission ” Exception Not Applied To “ Going And Coming Rule. ”
Under the going and coming rule, travel to and from work ordinarily is not considered within the course and scope of employment, but travel undertaken as part of a special mission is. Here a prison employee would have ordinarily left work and traveled home after his regular shift ended at 10:00 p.m. on a Friday […]
Arbitration Agreement Found Unconscionable [“Nothing in fine print is ever good news.” Andy Rooney].
Car wash employees brought a class action against car wash companies. On defendants’ petitions for arbitration, the trial court concluded the arbitration agreement was unconscionable and refused to enforce it. Agreeing the arbitration agreement “suffered from multiple defects demonstrating a systematic lack of mutuality that favored the car wash companies,” the appellate court affirmed. (Carmona […]
Tentacles Of Bank Failure Reach Wrongful Termination Case.
When a bank failed, the Federal Deposit Insurance Corporation [FDIC] promptly published notices informing creditors where, when and how to file claims against the failed bank. Six months after the end of the time to file a claim, plaintiff filed his wrongful termination action against the failed bank. The takeover bank successfully moved to compel […]
Certain Fire Department Employees Entitled To Standard Overtime.
Because of a statutory exemption in the Fair Labor Standards Act [29 U.S.C. § 207(a); FLSA], Los Angeles Fire Department firefighters do not receive overtime pay for work over 40 hours in a workweek, but only after working 212 hours in a 28 day period. Certain dispatchers and helicopter paramedics contend they are entitled to […]
Employee Not Guaranteed No Loss Of Salary After Returning To Work.
When injured on the job, a deputy sheriff earned a five percent (5%) differential for working the night shift. When he returned to work, he worked at full duty for a few months and was then placed on modified duty by a physician. He was assigned to the day shift and received no pay differential. Labor […]
Changing Clothes: Socks In The City.
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 […]
Strict Construction For Damages.
Plaintiff was severely injured while operating a power press in the manual mode because the material being shaped had to be moved onto and off of the die by hand. The press was equipped with a two-hand activator system for operation in manual mode, and the die would not strike unless the operator used both hands […]