Plaintiff contended he was fired in retaliation for reporting allegations of sexual harassment and a jury awarded him $238,328. The trial court instructed the jury with CACI No. 2430, the 2012 version. Citing Harris v. City of Santa Monica (2013) 56 Cal.4th 203, [294 P.3d 49, 152 Cal.Rptr.3d 392] the appellate court reversed for a new […]
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 […]
Whether Standby Time Is Work Time, Requiring Compensation Is A Question Of Fact.
Employee of company providing emergency cleanup of the California coast was compensated for 12 hours per day for “work time.” But, in addition, he was on 45 minute standby duty for another four hours. He sought overtime pay for the standby time period and the trial court granted his employer’s motion for summary judgment. The Court […]
Retaliation For Oral Complaint Is Covered Under Fair Labor Standards Act Of 1938.
The Fair Labor Standards Act of 1983 forbids employers from discharging an employee because the employee has “filed any complaint” under the Act. Employee orally complained about the illegal location of time clocks which resulted in employees not receiving credit for all the time they were entitled to. Employer fired employee and he sued under the […]
Statute of limitations for wrongful termination starts on date right-to-sue notice is issued.
The statute of limitations for an action for wrongful termination starts when the Department of Fair Employment and Housing issues its right-to-sue letter, not on the date the notice is received by the plaintiff. Hall v. Goodwill Industries of Southern California (Cal. App. Second Dist., Div. 8; March 16, 2011) 193 Cal.App.4th 718, [123 Cal.Rptr.3d 274].
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Arbitration In Collective Bargaining Agreement Does Not Apply To Plaintiff’s Statutory Discrimination Claims.
Plaintiff, a member of a union, worked for defendant as a nurse assistant from when she was 45 years old until she was 66 years old when she developed a medical condition. Her doctor wrote a note stating she needed to stay off work for a few weeks. Plaintiff was terminated from her employment. She brought […]
FEHA Discrimination? Woman Told To Find A Bush To Relieve Herself.
Plaintiff, one of the woman workers on a construction project, filed a complaint for discrimination, harassment and retaliation pursuant to the Fair Employment and Housing Act (FEHA) [Government Code section 12940, et seq.]. While working on the site, she often had to travel “miles from the work area” to access portable toilets. Also, the foreman frequently […]
No Respondeat Superior.
An employee was employed by defendant as a directional driller. He had the option of using his personal vehicle or being assigned a company truck and chose the latter. According to defendant, at the time the truck was assigned, his supervisor told him he could use the company vehicle to get to work and back and […]
Employer Argues Labor Commissioner Delay Resulted In Loss Of Witness.
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 […]