Detective’s Disclosure Of Colleagues’ Allegedly Abusive...
The United States Court of Appeals for the Ninth Circuit recently held that a detective could not state a 42 U.S.C. § 1983 claim against a police department or its employees based on his...
View ArticleCourt Of Appeal Declines To Create A New Cause Of Action For Tortious...
A former employee cannot state a claim for wrongful termination in violation of public policy where an employer decides not to exercise an option to renew an employment contract. (Touchstone Television...
View ArticleUPDATE: Court Of Appeal Again Holds That Employers Need Not Ensure That...
A court of appeal recently reconsidered the issue of whether an employer is required to ensure that employees take the breaks provided to them. After the Supreme Court remanded a case for...
View ArticleCourt Could Not Compel County Employees To Serve As Expert Witnesses For Sex...
A court of appeal recently directed a trial court to vacate its order which appointed two employees of the Department of Regional Planning of the County of Los Angeles to serve as confidential expert...
View ArticleCalifornia Statutes Generally Prohibit A General Law City From Contracting...
In a case involving an employees’ association’s challenge to a city’s plan to contract out for a variety of city services, a court of appeal found that as a general rule,...
View ArticleNew Laws Prohibit Employers And Colleges From Requesting Social Media Passwords
AB 1844 adds a new provision to the Labor Code that prohibits an employer from requiring an employee or applicant for employment to (1) disclose his or her username or password for the purpose of...
View ArticleWorkers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate...
In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been...
View ArticleAssembly Bill 340 Amends Public Retirement Systems
The Governor signed Assembly Bill 340 (“AB 340”) on September 12, 2012, and the new law will bring changes to California’s public retirement systems. AB 340, formerly...
View ArticleCity’s Promise to Pay Portion of Future Retirees’ Medical...
A court of appeal recently concluded that a trial court erred when it dismissed a lawsuit by city employees who alleged in their petition that the memorandum of understanding...
View ArticleGovernor Brown Signs Bills Adding Protection for Religious Practices
Governor Brown recently signed two bills that are designed to combat religious discrimination. The Workplace Religious Freedom Act, AB 1964, amends the Government Code and will protect workers who wear...
View ArticleEmployee Was Not Entitled To “Reporting Time Pay” For Attending...
An employee who attended scheduled meetings and worked at least half of the scheduled time was not entitled to receive “reporting time pay” and he also was not entitled to...
View ArticleTimekeeping Policy That Rounds Employees’ Time To Nearest Tenth Of An...
A court of appeal recently concluded that California law does not prohibit the application of a federal regulation that allows employers to compute employees’ work time by using a...
View ArticleCivil Action Challenging Termination Is Barred When Administrative Hearing Is...
In Basurto v. Imperial Irrigation District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 8, 2012), a California court of appeal considered whether an employee terminated by a public irrigation...
View ArticlePolice Department Is Not Required To Rehire Disabled Officer Who Is No Longer...
In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California...
View ArticlePresidential Appointments To The National Labor Relations Board Are Invalid
In Noel Canning v. National Labor Relations Board (--- F.3d ----, C.A.D.C., January 25, 2013), the United States Court of Appeals considered a challenge to a ruling by the National Labor Relations...
View ArticleDisability Discrimination Claim Failed Where Employee Admitted Her Disability...
An employee brought a lawsuit against her employer claiming disability discrimination after she was terminated from her employment. The United States Court of Appeals for the Ninth Circuit held that...
View ArticleEmployee Who Was Never Separated Or Dismissed From Employment Could Not State...
An employee on disability leave brought a lawsuit against the county that employed her for failure to reinstate her or to help her apply for disability retirement benefits. A court of appeal held that...
View ArticleSkilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And...
A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of...
View ArticleLaboratory Retirees May Proceed In Their Lawsuit Over Health Benefits Against...
A group of retirees from Lawrence Livermore National Laboratory brought a lawsuit against the Regents of the University of California (“Regents”) after the University of California...
View ArticleEmployee Is Protected By Whistleblower Provisions Of The Labor Code When He...
A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the...
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