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California Employment Law Notes

Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023)

Employee Who Refused To Get Flu Vaccine Was Properly Terminated
Hodges v. Cedars-Sinai Med. Ctr., 91 Cal. App. 5th 894 (2023)

Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023)

No Implied Waiver Of Disqualification Of Judge For Bias Or Appearance Of Impartiality After One Year
North Am. Title Co. v. Superior Court, 91 Cal. App. 5th 948 (2023)

No Final Paycheck Due After End Of Temporary Assignment
Young v. RemX Specialty Staffing, 91 Cal. App. 5th 427 (2023)

Exemption of Financial Professionals From ABC Test And Retroactive Application Are Constitutional
Quinn v. LPL Fin. LLC, 91 Cal. App. 5th 370 (2023)

Distributors Not Liable For Unpaid Wages Of Agricultural Workers
Morales-Garcia v. Better Produce, Inc., 70 F.4th 532 (9th Cir. 2023)

PAGA Debt Not Dischargeable in Bankruptcy
In re Patacsil, 2023 WL 3964908 (Bankr. E.D. Cal. June 9, 2023)

Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023)

July 2023

Newsletter

California Employment Law Notes

No Claim By Employee Who Was Friends With Alleged Harasser
Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023)

Pregnancy Discrimination Lawsuit Was Properly Dismissed
Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023)

Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023)

Court Compels Individual But Not Representative Claims To Arbitration
Piplack v. In-N-Out Burgers, 2023 WL 2384502 (Cal. Ct. App. 2023)

Good Faith Is Defense To Labor Code’s “Knowing And Intentional” Standard
Naranjo v. Spectrum Sec. Servs., Inc., 2023 WL 2261253 (Cal. Ct. App. 2023)

Absent Exemption, Highly Compensated Daily-Rate Workers Are Entitled To Overtime
Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. ___, 143 S. Ct. 677 (2023)

Ninth Circuit Strikes Down “Request Arbitration, Go To Jail” Law
Chamber of Commerce v. Bonta, 2023 WL 2013326 (9th Cir. 2023)

Issue Preclusion Barred PAGA Claims After Arbitration Loss
Rocha v. U-Haul Co. of Cal., 88 Cal. App. 5th 65 (2023)

No Arbitration Waiver Where Employer Answered Complaint And Engaged In Limited Discovery
Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023)

Labor Commissioner’s Deposition Subpoena Power Ends Once Wage Citation Issued
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023)

Proposition 22 Is Not Unconstitutional
Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023)

Short-Term Military Leave May Have To Be Comparable To Non-Military Leave Benefits
Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023)

Employee’s PAGA Action Was Not Limited By Sick Pay Statute
Wood v. Kaiser Found. Hosps., 88 Cal. App. 5th 742 (2023)

March 2023

Newsletter

Broker-Dealer Beat August 2019

August 2019

Newsletter

California Employment Law Notes

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right
Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019)

Former Accountant Could Proceed With Whistleblower Lawsuit
Siri v. Sutter Home Winery, Inc., 31 Cal. App. 5th 598 (2019)

Employer Violated FCRA With Improper Background Check Notice
Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019)

Fruit Growers May Have Been Joint Employers Of Thai Workers For Purposes Of Title VII
EEOC v. Global Horizons, Inc., 915 F.3d 631 (9th Cir. 2019)

$300 Unpaid Wage Claim Results In Additional $57,000 Award To Employee
Stratton v. Beck, 30 Cal. App. 5th 901 (2018)

Payroll Company Not Liable To Employee For Negligence Or Breach Of Contract
Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019)

PAGA Penalties Must Be Shared With All Aggrieved Employees
Moorer v. Noble L.A. Events, Inc., 2019 WL 949419 (Cal. Ct. App. 2019)

Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies
Jimenez-Sanchez v. Dark Horse Exp., Inc., 2019 WL 626349 (Cal. Ct. App. 2019)

Successive Class Action May Be Barred By Statute Of Limitations
Fierro v. Landry's Rest. Inc., 2019 WL 658710 (Cal. Ct. App. 2019)

Caregiver May Not Have Been Independent Contractor Under DWBR
Duffey v. Tender Heart Home Care Agency, LLC, 31 Cal. App. 5th 232 (2019)

On-Call Employees Who Must Call In Should Receive Reporting-Time Pay
Ward v. Tilly's, Inc., 31 Cal. App. 5th 1167 (2019)

Damages May Not Be Denied To Employee Based Upon His "Imprecise Testimony"
Furry v. East Bay Pub'g, LLC, 30 Cal. App. 5th 1072 (2019)