Bothell v. Phase Metrics, Inc.
Computer equipment company's customer service employee may have been eligible for overtime compensation for time spent providing installation, training, and service assistance to customers. 9th Cir.; Filed August 13.
Costa v. Desert Palace, Inc.
Plaintiff in any Title VII case may establish violation through preponderance of evidence, whether direct or circumstantial, that protected characteristic played motivating factor. 9th Cir.; Filed August 2.
Prescott v. County of El Dorado
Non-union members lacked standing to challenge indemnification clause in union's collective bargaining agreement requiring union to hold employer harmless from any liability arising out of collection of agency fees from non-union members of bargaining unit. 9th Cir.; Filed August 1.
Harik v. California Teachers Association
Union in agency shop must provide non-members with statement of chargeable and non-chargeable expenses, together with independent verification that expenses were actually incurred, in order to claim agency fee. 9th Cir.; Filed August 1.
Stevedoring Services of America v. Director, Office of Workers' Compensation Programs
Last employer doctrine did not apply to render employer liable for long-unresolved claim of hearing loss previously filed against earlier employer. 9th Cir.; Filed July 30.
Stewart v. U.S. Bancorp
District court was not required to recharacterize plaintiff's complaint to state ERISA claim when it recharacterized complaint for removal purposes after being confronted with federal pre-emption defense. 9th Cir.; Filed July 30.
Ferguson v. Countrywide Credit Industries, Inc.
Under California law, arbitration provision in employment agreement was substantively unconscionable because it compelled arbitration of claims employees were most likely to bring against employer, but exempted from arbitration claims employer was most likely to bring against its employees. 9th Cir.; Filed July 23.
Pool v. VanRheen
Public employee's letter to newspaper describing policies relating to ongoing personnel dispute may properly be found to relate to issues of public concern and thus be constitutionally protected. 9th Cir.; Filed July 22.
Aragon v. Republic Silver State Disposal, Inc.
Statistical evidence in disparate treatment case that three or four casuals singled out for layoffs were white did not, without more, constitute substantial and specific evidence. 9th Cir.; Filed July 18.
Alexander v. Director, Office of Workers' Compensation Programs
Longshore and Harbor Workers' Compensation Act's provision for credit for benefits paid under other laws precludes credit to employer for settlements paid to employee by previous employers. 9th Cir.; Filed July 16.
Kang v. U. Lim America, Inc.
Definition of "employee" in Title VII of Civil Rights Act of 1991 does not prohibit counting foreign employees of U.S.-controlled corporations for purpose of determining coverage. 9th Cir.; Filed July 15.
Nord v. The Black & Decker Disability Plan
Decisions of ERISA plan administrator were subject to de novo review standard where administrator who also acted as plan's funding source failed to rebut presumption that conflict of interest impaired its disability determination. 9th Cir.; Filed July 15.
Jefferson v. California Department of Youth Authority
Execution of workers' compensation release form barred employee from pursuing FEHA claim that was pending when release was executed. Cal. Sup. Ct.; Filed July 1.
BE & K Construction Co. v. National Labor Relations Board
NLRB applied invalid standard in determining that construction company's reasonably based but unsuccessful retaliatory lawsuit against unions violated National Labor Relations Act. U.S.Sup.Ct.; Filed June 24.
Circuit City Stores v. Najd
Claim under California's Fair Employment and Housing Act is subject to compulsory arbitration where employee does not also allege violation of Title VII of Civil Rights Act. 9th Cir.; Filed June 24.
Esberg v. Union Oil Company of California
California law does not bar employer from providing educational benefits to younger workers while denying such benefits to employees over 40. Cal.Sup.Ct.; Filed June 24.
Risam v. County of Los Angeles
Employee's failure to challenge administrative finding of no FEHA violation barred her from suing employer for violation. C.A. 2nd; Filed June 18.
Bergt v. Retirement Plan for Pilots
Plan master document which unambiguously allows for employee's eligibility for retirement benefits under ERISA determines employee's eligibility despite contradictory provisions in summary plan document. 9th Cir.; Filed June 19.
City of Oakland v. Workers' Compensation Appeals Board
WCAB misapplied "good faith" standard when it awarded psychiatric disability payments to demoted city employee. C.A. 1st; Filed June 11.
Hernandez v. Hughes Missile Systems Company
Company's unwritten policy against rehiring employees who left due to violations of personal conduct rules violated Americans with Disabilities Act (ADA) as applied to employees who were terminated for illegal drug use in workplace but who were later rehabilitated. 9th Cir.; Filed June 11.
National Railroad Passenger Corporation v. Morgan
Title VII employment discrimination claim alleging hostile work environment was not barred where at least one alleged discriminatory act fell within statutory time period and all acts constituting claim were part of same unlawful practice. U.S.Sup.Ct.; Filed June 10.
Devlin v. Scardelletti
Unnamed members of class in action challenging effort by pension plan trustees to reduce benefits were not required to intervene before being allowed to appeal settlement terms. U.S.Sup.Ct.; Filed June 10.
Chevron U.S.A. Inc. v. Echazabal
EEOC regulation allowing employer to deny disabled employee work that would threaten his health did not violate Americans with Disabilities Act. U.S.Sup.Ct.; Filed June 10.
Aragon v. Republic Silver State Disposal, Inc.
Statistical evidence in disparate treatment case that three of four casuals singled out for layoffs were white was not sufficient, without more, to raise inference of racial discrimination. 9th Cir.; Filed June 5.
Ortiz v. Los Angeles Police Relief Association
Firing of police benefits administrator because of her marriage to an incarcerated felon was rationally related to police safety. C.A. 2nd; Filed May 31.
Paige v. State of California
For purposes of §1983 civil rights action challenging promotional process of California Highway Patrol, internal pool of applicants was proper comparative group for use in determining whether process had disparate impact on non-white officers. 9th Cir.; Filed May 31.
Ruiz v. Cabrera
Workers' compensation was exclusive remedy available to agricultural laborer injured while working for licensed farm labor contractor. C.A. 5th; Filed May 30.
Zalac v. Governing Board of the Ferndale Unified School District
Kindergarten teacher mischaracterized as "temporary" worker was properly terminated according to procedures governing permanent employees. C.A. 1st; Filed May 28.
Atascadero Unified School District v. Workers' Compensation Appeals Board
Psychiatric injury caused by workplace gossip regarding employee's personal life does not arise out of employment. C.A. 2nd; Filed May 28.
San Diego Police Officers Association v. City of San Diego
San Diego Police Officers Association v. City of San Diego
Municipal police officers accused of misconduct were entitled to disclosure of investigatory notes and recorded witness interviews. C.A. 4th; Filed May 23.
Freeman v. Oakland Unified School District
Employment discrimination claimant failed to exhaust administrative remedies under Civil Rights Act where factual allegations in EEOC charge were not similar to allegations stated in complaint. 9th Cir.; Filed May 23.
California Slurry Seal Association v. Department of Industrial Relations
Department of Industrial Relations had discretion to rescind stale wage determination and thus permit collectively-bargained wage rate to become prevailing wage. C.A. 4th; Filed May 21.
Sestich v. Long Beach Container Terminal
Determining disability benefits under Longshore and Harbor Workers' Compensation Act requires downward adjustment of post-injury wage-earning capacity in order to account for inflation and general wage increases. 9th Cir.; Filed May 20.
Padfield v. AIG Life Insurance Company
Recovery of benefits for death by autoerotic asphyxiation under ERISA accidental injury and death policy was not precluded by exclusion for death resulting from suicide or intentionally self-inflicted injury. 9th Cir.; Filed May 17.
Herman v. County of Los Angeles
Contract provision requiring that agencies meet and mutually agree on placement of former police officers who failed personnel review process of agency taking over other's police duties did not permit agreement not to place former officer. C.A. 2nd; Filed May 15.
Funkhouser v. Wells Fargo Bank, N.A.
Federal court could rule on claim of ERISA preemption of state law when it ultimately declined to exercise supplemental jurisdiction. 9th Cir.; Filed May 15.
Fernandez v. Lawson
Homeowner could be deemed "employer" subject to Cal-OSHA safety regulations after unlicensed contractor's worker was injured while trimming tree. C.A. 2nd; Filed May 13.
California Teachers' Association v. Governing Board of the Golden Valley Unified School District
Teacher with emergency permit was properly classified as probationary employee under Education Code and was entitled to notice and hearing before school district could withdraw re-employment offer. C.A. 5th; Filed May 13.
Vinson v. Thomas
Public official cannot be sued in individual capacity under 42 U.S.C. §1983 where suit is predicated on alleged violations of Americans with Disabilities Act or Rehabilitation Act. 9th Cir.; Filed May 3.
US Airways, Inc. v. Barnett
Employer can deny disabled employee's request for special accommodation on lack-of-seniority grounds unless employee presents adequate evidence of special circumstances. U.S.Sup.Ct.; Filed April 29.
Grammer v. The Artists Agency
Evidence that actors' union filed renewal contracts supported arbitration panel's decision that union waived Rule 16(g) violations in those contracts. 9th Cir.; Filed April 29.
County of Riverside v. Superior Court (Riverside Sheriff's Association)
County could not be compelled to privately arbitrate wage dispute with public safety employees' union. C.A. 4th; Filed April 22.
Strahan v. Kirkland
Employee's showing that employer knew of employee's protected association with motorcycle club was insufficient, without more, to support inference that protected conduct was substantial motivation factor in employer's adverse employment action. 9th Cir.; Filed April 19.
Tomlinson v. Qualcomm, Inc.
California Family Rights Act did not preclude termination of employee on family leave during company-wide reduction in force. C.A. 4th; Filed April 17.
Jersey v. John Muir Medical Center
Hospital's discharge of employee after she refused to dismiss personal injury suit against patient who had assaulted her did not violate any public policy. C.A. 1st; Filed April 16.
Hemmings v. Tidyman's Inc.
Washington state law providing for doubling of wages intentionally withheld from employees did not apply to amounts resulting from retrospective jury finding of employment discrimination. 9th Cir.; Filed April 11.
Bagatti v. Department of Rehabilitation
Allegation that job-related injury was based on employer's failure to provide reasonable accommodation to employee's known disability justified action for damages under Fair Employment and Housing Act. C.A. 3rd; Filed April 2.
Schifando v. City of Los Angeles
City employee had to exhaust both municipal and FEHA administrative remedies before he could file suit for employment discrimination. C.A. 2nd; Filed March 29.
Young v. Gannon
Workers compensation judge not entitled to same disciplinary procedures afforded state court judges. C.A. 2nd; Filed February 27.
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board
Illegal alien was not entitled to claim back pay after being wrongly fired for union activity. U.S.Sup.Ct.; Filed March 27.
Almada v. Allstate Insurance Company
Employee handbook could not be construed as modifying at-will terms of employment where clear disclaimer stated that no contractual rights were described and that employment was terminable at will. 9th Cir.; Filed March 26.
United Food & Commercial Workers Union, Local 1036 v. National Labor Relations Board
Union serving as bargaining unit's exclusive bargaining representative can charge its organizing costs to both members and nonmembers, where union is organizing employers within same competitive market as bargaining unit employer. 9th Cir.; Filed March 25.
Gee v. Workers' Compensation Appeals Board
Medical opinion of Qualified Medical Examiner was entitled to presumption of correctness where employee designated examiner as treating physician. C.A. 5th; Filed March 22.
Children's Hospital Medical Center of Northern California v. California Nurses Association
General no-strike clause in collective bargaining act did not waive union's right to engage in sympathy strike with members of another union. 9th Cir.; Filed March 22.
Circuit City Stores, Inc. v. Ahmed
Employment agreement arbitration provision that was automatically instituted if employee did not opt out within 30 days and provided employee meaningful choices was not procedurally unconscionable or contract of adhesion. 9th Cir.; Filed March 22.
Lockheed Martin v. Workers' Compensation Appeals Board
Threshold of compensability established by workers' compensation statute applies to claim of psychiatric injury related to compensable physical industrial injury. C.A. 1st; Filed March 19.
Edelman v. Lynchburg College
Title VII plaintiff could submit verification for otherwise-timely charge of employment discrimination after deadline had passed for filing charge with EEOC. U.S.Sup.Ct.; Filed March 19.
Ragsdale v. Wolverine World Wide, Inc.
Labor Department lacked authority to impose automatic regulatory penalty against employer who failed to notify employee that absence would be considered leave under Family and Medical Leave Act. U.S.Sup.Ct.; Filed March 19.
Lujan v. Southern California Gas Company
Federal law did not preempt Labor Commissioner's lawsuit alleging utility underpaid overtime wages under collective bargaining agreement. C.A. 2nd; Filed March 13.
Allen v. Iranon
Mixed-motive analysis applied to plaintiff's claim that he suffered adverse employment action for exercising his First Amendment rights without regard to whether plaintiff used direct or circumstantial evidence to prove retaliatory motive behind adverse employment action. 9th Cir.; Filed March 13.
Villafuerte v. Inter-Con Security Systems, Inc.
Employee whose check was allegedly intercepted and fraudulently endorsed was not paid, for legal purposes, by his employer. Superior Court (App.Div.); Filed January 9.
West v. Bechtel Corporation
Evidence that foreign-based employee was discharged based on employer's foreign client's age-based objections did not support FEHA claim of employment discrimination. C.A. 1st; Filed March 6.
Huber, Hunt & Nichols, Inc. v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 38
Labor arbitrator could properly determine threshold issue of jurisdiction based on broad umbrella agreement consigning to arbitrator all questions except for jurisdictional disputes. 9th Cir.; Filed March 6.
Scamihorn v. General Truck Drivers
For purposes of determining right under Family and Medical Leave Act to provide care for family member, "care" can include providing psychological comfort to aging parent receiving treatment for incapacitating depression. 9th Cir; Filed March 4.
California Correctional Supervisors Organization, Inc. v. California Department of Corrections
Prison employers could may utilize "redirection" and "cross-covering" to ensure adequate staffing of prison facilities with minimum number of supervisory personnel. C.A. 3rd; Filed January 31.
Hard v. California State Employees Association
Class of state employees gave proper notice and conducted valid election to incorporate during regular meeting of employment association's general council. C.A. 3rd; Filed February 28.
Tracy Educators Association, CTA/NEA v. Superior Court (Tracy Unified School District)
Education Code statute allowing teacher leave of absence also applied to half-time work arrangement in order to allow teacher to tend to union matters. C.A. 3rd; Filed February 13.
Smith v. Workers' Compensation Insurance Fund
Parents were not entitled to death benefits following industrial injury to adult child living at home unless child provided net financial benefit to household, after deducting costs attributable solely to deceased. C.A. 1st; Filed February 28.
Villiarimo v. Aloha Island Air, Inc.
Lapse of year and a half between protected activity and adverse employment action was too long, by itself, to give rise to inference of causation in Title VII retaliation claim. 9th Cir.; Filed February 28.
Swierkiewicz v. Sorema N.A.
Employment discrimination complaint need contain only short and plain statement of claim showing pleader is entitled to relief. U.S.Sup.Ct.; Filed February 26.
Johnston v. Director, Office of Workers Compensation Programs
Under Longshore and Harbor Workers Compensation Act, in situation in which actual wages remained constant under collective bargaining agreement, permanent disability benefit claimant's post-injury earnings did not have to be adjusted for inflation in order to be considered on equal footing with wages at time of injury. 9th Cir.; Filed February 22.
Barnhart v. Sigmon Coal Co.
Present-day coal companies not statutorily obligated to pay lifetime health benefits to miners who retired from now-long-defunct companies that were absorbed by those later companies. U.S.Sup.Ct.; Filed February 19.
Chen v. County of Orange
County employee's marriage to politically disfavored co-worker not proper basis for marital discrimination claim. C.A. 4th; Filed February 15.
Phillips v. St. Mary Regional Medical Center
Employee who alleged retaliatory discharge by nonprofit religious entity stated claims for wrongful discharge in violation of public policy. C.A. 4th; Filed February 14.
Mercuro v. Superior Court (Countrywide Securities Corp.)
Employer could not enforce one-sided arbitration agreement executed by employee under duress. C.A. 2nd; Filed February 13.
Smith v. Workers' Compensation Appeals Board
Contractor's failure to maintain workers' compensation coverage did not result in license suspension prior to 30 days' notice of pending suspension. C.A. 2nd; Filed February 13.
Firestone v. Southern California Gas Company
No change in established labor-law rule that state law claim is preempted if it necessarily requires court to interpret existing provision in collective bargaining agreement that can reasonably be said to be relevant to resolution of dispute. 9th Cir.; Filed February 12.
Branco v. UFCW-Northern California Employers Joint Pension Plan
ERISA statute pre-empted state law allowing predeceased spouse's interest in ex-husband's pension plan to pass to her heirs. 9th Cir.; Filed February 11.
Akers v. County of San Diego
Disciplinary memorandum not placed in employee's personnel file may have adverse impact on work conditions where content of memorandum is disclosed to office decision makers. C.A. 4th; Filed February 8.
Inlandboatmens Union of the Pacific v. Dutra Group
Disputes between parties to collective bargaining agreement arising under side agreement must be arbitrated if dispute relates to subject within scope of CBA arbitration clause. 9th Cir.; Filed February 7.
Association of Flight Attendants, AFL-CIO v. Horizon Air Industries, Inc.
Post-certification Railway Labor Act dispute concerning flight attendants union members' right to wear union pins that arguably fell within collective bargaining agreement was matter for arbitration rather than federal court litigation. 9th Cir.; Posted February 5.
Sidhu v. The Flecto Company
Aggrieved employee was not required to exhaust administrative remedies as to particular grievance after employer repudiated collective bargaining agreement procedures governing that grievance. 9th Cir.; Posted February 5.
Circuit City Stores, Inc. v. Adams
By virtue of its unreasonable and one-sided terms, employer's required mandatory and unilateral dispute resolution agreement constituted an unconscionable contract of adhesion under California law. 9th Cir.; Posted February 4, 2002.
Piscioneri v. City of Ontario
Factual issues pertaining to laches and timeliness of former employee's disability claim must be decided at administrative hearing. C.A. 4th; Posted February 1.
United States Department of the Interior v. Federal Labor Relations Authority
Federal employer was not required to bargain issue of Sunday differential pay based solely on exchange of correspondence discussing placement of Sunday premium pay in collective bargaining agreement. 9th Cir.; Posted January 30.
Do v. Ocean Peace, Inc.
Seaman who was employed in initial food processing operations on fishing vessel was exempt from minimum wage and hour provisions of Fair Labor Standards Act. 9th Cir.; Posted January 29.
Matson Terminals, Inc. v. Berg
Where longshore employee injured both knees in work-related accident, employee was liable for two separate benefit periods under Longshore and Harbor Workers' Compensation Act. 9th Cir.; Posted January 29.
Little v. Windermere Relocation, Inc.
Employee can be liable for harassing conduct based on rape of employee by non-employee business colleague where employer either ratifies or acquiesces in rape by failing to take immediate and/or corrective actions. 9th Cir.; Posted January 23.
Leisek v. Brightwood Corporation
Employer's plan to restrict employee's future military-related absences to three weeks and deduct those absences from vacation time supported inference that military status was "motivating factor" in employer's decision to fire employee. 9th Cir.; Posted January 22.
Wright v. Beverly Fabrics, Inc.
Off-duty employee who is injured trying to protect store property subject to exclusive remedy of workers' compensation. C.A. 5th; Posted January 18.
Bailey v. Southwest Gas Company
Employer may properly consider employee's refusal to provide completed certification of health care provider in determining whether to terminate employee for insubordination. 9th Cir.; Posted January 17.
Equal Employment Opportunity Commission v. Waffle House, Inc.
Employment agreement providing for arbitration of employment-related disputes did not bar EEOC from pursuing victim-specific judicial relief in enforcement action under Americans with Disabilities Act. U.S.Sup.Ct.; Posted January 15.
McNamara-Blad v. APFA
Union's implementation of pre-merger seniority agreement detrimental to merging employees did not breach post-merger duty to fairly represent those employees. 9th Cir.; Posted January 11.
Stout v. Porter
Selection of female candidates during repeat promotion screening undermined claim of gender bias based on selection of only male candidates during initial screening. 9th Cir.; Posted January 10.
Chao v. Mallard Bay Drilling, Inc.
Coast Guard's regulatory authority over uninspected vessels insufficient to pre-empt OSHA's authority over occupational safety and health issues posed by inland drilling operations on such vessels. U.S. Sup. Ct.; Posted January 9.
B.K.B. v. Maui Police Department
Agency's error in completing civil rights complaint form should not be imputed to complainant. 9th Cir.; Posted January 9.
Toyota Manufacturing, Kentucky Inc. v. Ella Williams
Americans with Disability Act did not mandate that assembly line worker with carpel tunnel syndrome receive special treatment at her workplace. U.S.Sup.Ct.; Posted January 8.
City of Sacramento v. Workers' Compensation Appeals Board
Fire recruit in training was not active firefighter for purposes of enhanced disability benefits. C.A. 3rd; Posted January 3.
Everhart v. Allmerica Financial Life Insurance Company
ERISA statute does not permit suits against third-party insurer to recover benefits when insurer is not functioning as plan administrator. 9th Cir.; Posted December 27.
Atonio v. Wards Cove Packing Company, Inc.
District court's determination that fish cannery's separate hiring channels caused disparate impact on non-white employees was not adequately supported by evidence. 9th Cir.; Posted December 26.
Winarto v. Toshiba America Electronics
Title VII plaintiff may rebut defendant's explanation for adverse actions with specific and substantial circumstantial evidence that actions were retaliatory. 9th Cir.; Posted December 21.
Swenson v. Potter
Reassignment of harassment victim satisfied federal employer's Title VII obligation to remedy harassment. 9th Cir; Posted December 4.
Los Angeles Police Protective League v. City of Los Angeles
Los Angeles Police Department's transfer of officer to different assignment with reduced pay was not an arbitrable grievance. C.A. 2nd; Posted December 3.
Department of Health Services v. The Superior Court of Sacramento County
State-law FEHA sexual harassment cases not subject to defense in federal Title VII cases that employer took reasonable steps to correct offending acts and employee failed to avail herself of opportunities provided by employer or otherwise seek to avoid further harm. C.A. 3rd; Posted November 29.
Coastal Berry Co. v. Agricultural Labor Relations Board
Agricultural workers were subject to discharge despite employer's promise not to discipline those involved in unlawful anti-union protest. C.A. 6th: Posted November 28.
Walia v. Aetna, Inc.
Broadly restrictive non-compete agreement violated state statute, and employer's termination of employee for failing to sign constituted wrongful termination contrary to public policy. C.A. 1st; Posted November 26.
Douglas v. California Department of Youth Authority
Employee who successfully negotiated prospective employer's hiring steps until he reached allegedly discriminatory review made timely claims of discriminatory hiring under continuing violations doctrine. 9th Cir.; Posted November 14.
United States Postal Service v. Gregory
Merit System Protection Board had discretion to independently review prior disciplinary actions that were subject to then-pending grievance proceedings in determining whether Postal Service employee should be terminated. U.S. Sup. Ct.; Posted November 13.
Casumpang v. ILWU
Exclusivity provision of Title IV of LMRDA no bar to postelection relief for claims under Title I of the LMRDA that do not challenge validity of election already conducted. 9th Cir.; Posted October 23.
Thunderburk v. United Food & Commercial Workers' Union, Local 324
Federal Labor-Management Reporting and Disclosure Act of 1959 preempted wrongful termination action by union secretary terminated for political views. C.A. 4th; Posted October 23.
Dishman v. UNUM Life Insurance Company of America
State law claim for tortious invasion of privacy perpetrated by investigative firms hired by a long-term disability benefit provider was not pre-empted by ERISA. 9th Cir.; Posted October 17.
Metropolitan Water District of Southern California v. Superior Court (Cargill)
Local water district could not avoid its obligation to provide CALPERS benefits to its employees by hiring workers through service provider and then deeming them independent contractors. C.A. 2nd; Posted October 17.
Telles Transport, Inc. v. Workers' Compensation Appeals Board
Workers' compensation judge was not required to augment trial record to include evidence that claimant's counsel had elected not to disclose at mandatory settlement conference. C.A. 5th; Posted October 17.
Gilliland v. E.J. Bartells Co., Inc.
Where claimant under Longshore and Harbor Workers' Compensation Act received periodic-payment tort recovery from third-party defendant for which employer was entitled to offset, employer was entitled to take dollar-for-dollar credit for each payment at time of receipt by claimant. 9th Cir.; Posted October 16.
Schikore v. Bankamerica Supplemental Retirement Plan
Common law mailbox rule, under which receipt is presumed upon proof of mailing, was applicable in ERISA dispute where factual issue existed regarding timeliness of claim for retirement benefits. 9th Cir.; Posted October 16.
Foster v. Mahdesian
Failure of teachers' union to provide proper notice did not trigger duty on part of school district to inform nonunion teachers of routine collection of agency fees on behalf of union. 9th Cir.; Posted October 15.
Richardson v. Sunset Science Park Credit Union
Employer could not escape Oregon statutory penalty for unlawful deduction from final paycheck on theory that overpayment of flexible time off benefits offset unlawful deduction. 9th Cir.; Posted October 5.
County of San Luis Obispo v. Workers' Compensation Appeals Board
Employer's one-month delay in mailing penalty payment to disabled employee did not warrant statutory penalty assessment where delay was inadvertent, employer had no prior bad history, and assessment was grossly disproportionate to amount of delayed payment. C.A. 2nd; Posted October 4.
Gunnell v. Metrocolor Laboratories, Inc.
Employees' injuries from exposure to hazardous chemicals come within exclusive remedy of Workers Compensation Act, even if employer has willfully concealed hazardous nature of chemicals. C.A. 2nd; Posted October 1.
Regula v. Delta Family-Care Disability Survivorship Plan
"Treating physician rule" used in social security cases is appropriate for use under ERISA to determine reasonableness of administrator's decision. 9th Cir.; Posted September 24.
Castillo v. City of Los Angeles
Terminated employee was precluded from suing for wrongful discharge following administrative determination that termination of employee was appropriate. C.A. 2nd; Posted September 24.
Baldwin v. Trailer Inns, Inc.
Employee who had authority and discretion to manage employer's business on day-to-day basis without employer supervision was not entitled to overtime pay even though employee did not spend more than half his work time on managerial duties. 9th Cir.; Posted September 20.
Kavanaugh v. West Sonoma County Union High School District
Newly hired teacher need not be formally advised of temporary status prior to formal approval of hiring decision by school district governing board. C.A. 1st; Posted September 20.
Little v. Auto Stiegler, Inc.
Arbitration clause in employment agreement need not satisfy Armendariz fairness standards where employee's claims are nonstatutory only. C.A. 2nd; Posted September 17.
Michael v. Riverside Cement Company
Amendment to ERISA retirement plan reducing employee's final retirement benefit by actuarial equivalent of benefits he received during prior early retirement violated statutory anti-cutback provision. 9th Cir.; Posted September 17.
Sprewell v. Golden State Warriors
Arbitrator's approval of discipline imposed against professional athlete who attacked his coach was in accord with governing collective bargaining agreement. 9th Cir.; Posted September 14.
Little v. Windermere Relocation, Inc.
Employer can be liable for harassing conduct based on rape of an employee by non-employee where employer either ratifies or acquiesces in harassment by failing to take immediate and/or corrective actions. 9th Cir.; Posted September 13.
Rodriguez v. Airborne Express
Untimely filed amended complaint for disability discrimination did not relate back to timely filed racial discrimination complaint under California law where factual allegations in first complaint did not support disability discrimination claim. 9th Cir.; Posted September 13.
Abraham v. Norcal Waste Systems Inc.
District court lacked jurisdiction necessary for removal based on ERISA preemption over complaint originally brought in state court alleging solely state law claims against employee stock ownership plan. 9th Cir.; Posted September 7.
Southern California Gas Company v. Utility Workers Union of America, Local 132, AFL-CIO
Courts could not review arbitrator's decision that Department of Transportation regulations require certification of positive employee drug test by licensed physician before employer can be informed of test results. 9th Cir.; Posted September 7.
Carlson v. United Academics-AAUP/AFT/APEA AFL-CIO
University faculty union provided adequate explanation for its practice of deducting and placing fees of nonmember objectors who challenged union's compulsory agency fee into interest-bearing escrow account. 9th Cir.; Posted September 6.
Guthart v. White
Under federal labor law, union member was not entitled to benefits from union benefits where he did not perform work specified in collective bargaining agreement during relevant time period, even though his employer contributed to fund during that period. 9th Cir.; Posted September 5.
Torres v. Parkhouse Tire Service Inc.
Employee injured by fellow employee's aggressive act may sue for tort damages only if fellow employee acted with intent to cause injury. Cal.Sup.Ct.; Posted August 30.
Cramer v. Consolidated Freightways Inc.
Employee's state-law privacy claims were not suject to pre-emption under federal Labor Management Relations Act where claims were not covered by collective bargaining agreement. 9th Cir.; Posted August 27.
Richards v. CH2M Hill, Inc.
Employer's unlawful acts may be deemed part of continuing violation where they are similar, frequent and not yet permanent. Cal.Sup.Ct.; Posted August 23.
Rosenman v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro
Award of attorneys fees to prevailing defendant in state-law employment discrimination action required written findings and record support for conclusion that action was frivolous, unreasonable, or without foundation. C.A. 2nd; Posted August 22.
Cripe v. City of San Jose
City's policy categorically restricting jobs disabled officers can perform to small number of undesirable positions violated Americans with Disabilities Act. 9th Cir.; Posted August 17.
Bauer v. Sampson
Community college district regulation proscribing employee expression with "violent behavior overtones" violated professor's First Amendment rights. 9th Cir.; Posted August 15.
Thornton v. McClatchy Newspapers, Inc.
Newspaper reporter suffering from repetitive stress disorder failed to show she was disabled under Americans with Disabilities Act by failing to present evidence regarding relevant job market and preclusion from other jobs. 9th Cir.; Posted August 15.
Bechelder v. America West Airlines
Employer who provided notice to employees concerning rights under Family and Medical Leave Act was required to give employees notice of employer's initial selection of method of calculating leave. 9th Cir.; Posted August 8.
Motion Picture Industry Pension & Health Plans v. N.T. Audio Visual Supply, Inc.
Employer bore burden of showing extent of unreported work by employees after trustee of ERISA plan showed that employer who was accused of failing to make proper contributions failed to keep accurate records and that some employees performed covered but unreported work. 9th Cir.; Posted August 7.
Hensley v. Northwest Permanente P.C. Retirement Plan & Trust
Employee pension plan administrator may have discretion under terms of plan to interpret term "employee"; administrator was not bound by different federal common law definition. 9th Cir.; Posted August 2.
Holley v. Crank
Owner, president, and designated officer/broker of real estate agency can be vicariously liable for compensatory damages resulting from employee's violation of the Federal Housing Act, even absent direct involvement or authorization of employee's discriminatory conduct. 9th Cir.; Posted July 31.
Finegan v. County of Los Angeles
After-acquired evidence properly admitted to rebut disabled employee's contention he was qualified for job from which he was terminated. C.A. 2nd; Posted July 31.
Mobley v. Los Angeles Unified School District v. Los Angeles
Administrative hearing provided to subcontractor accused of violating prevailing wage law did not comply with statute and recent federal case authority. C.A. 2nd; Posted July 25.
Wittkopf v. County of Los Angeles
Fair Employment and Housing Act definition of disability always required "limitation" as opposed to "substantial limitation" of individual's ability to participate in major life activity. C.A. 2nd; Posted July 25.
Hansen v. Aerospace Defense Related Industry District Lodge 725 of the International Association of Machinists and Aerospace Workers
Federal labor law preempted union employees' claims of wrongful termination in violation of public policy. C.A. 2nd; Posted July 23.
Pearl v. Workers' Compensation Appeals Board
Workers Compensation Appeals Board erred in applying workers’ compensation law in assessing compensability of Public Employees' Retirement System member’s psychiatric injury. Cal.Sup.Ct.; Posted July 19.
Nichols v. Azteca Restaurant
Man who alleged he was discriminated against for his feminine appearance and manner had actionable claim under Title VII of Civil Rights Act of 1964 and State of Washington's Law Against Discrimination. 9th Cir.; Posted July 16.
Professional Engineers in California Government v. State Personnel Board
Competitive civil service examination required ranking of applicants. C.A. 3rd; Posted July 12.
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