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Johnson v. United Cerebral Palsy/Spastic Children's Foundation of Los Angeles and Ventura Counties
Contested declarations are admissible and constitute substantial circumstantial evidence that is sufficient to raise triable issues of material fact. 		Employment Law May 3, 2009
Dyer v. Cenex Harvest States Cooperative
Successful workers' compensation claimant is entitled to pre- and post-controversion attorney fees under Longshore and Harbor Workers' Compensation Act. 		Employment Law May 3, 2009
State Building and Construction Trades Council of California AFL-CIO v. City of Vista
Charter city's construction of municipal projects is not 'matter of statewide concern' subject to prevailing wage law. 		Employment Law Apr. 29, 2009
Olvera v. El Pollo Loco, Inc.
El Pollo Loco Inc.'s arbitration clause deemed unenforceable due to procedural and substantive unconscionability. 		Employment Law Apr. 28, 2009
Gomez v. Lincare Inc.
Summary judgment is improper where employer could not present conclusive evidence of exempt-status of drivers. 		Employment Law Apr. 28, 2009
International Brotherhood of Electrical Workers, Local 32, AFL-CIO v. National Labor Relations Board
Failure to negotiate merger effects does not warrant retroactive bargaining or back pay as employees retained jobs with full pay and benefits. 		Employment Law Apr. 20, 2009
Tarkington v. California Unemployment Insurance Appeals Board (Albertson's Inc.)
Equitable tolling allowed where filing of first action provided timely notice and second action merely separated claims against different employers. 		Employment Law Apr. 14, 2009
Phillips v. TLC Plumbing Inc.
Company does not owe duty of care to daughter of murder victim where former employee killed victim. 		Employment Law Apr. 6, 2009
Etheridge v. Reins International California Inc.
Mandatory tip pool requiring tip distribution to dishwashers, kitchen staff, and bartenders does not violate Labor Code Section 351. 		Employment Law Mar. 31, 2009
Harger v. Department of Labor
Sovereign immunity not waived under APA Section 702 where attorney sought equitable lien for attorney fees. 		Employment Law Mar. 30, 2009
Naranjo v. Spectrum Security Services Inc.
McNamara-O’Hara Service Contract Act of 1965 does not preempt employee’s California Labor Code claims. 		Employment Law Mar. 25, 2009
Paulsen v. CNF Inc.
Plaintiffs may assert professional negligence against company providing actuarial service for benefits plan spinoff. 		Employment Law Mar. 23, 2009
Franco v. Athens Disposal Co. Inc.
Class arbitration waiver is unconscionable due to modest size of recovery, potential for retaliation, and unawareness of rights. 		Employment Law Mar. 20, 2009
Lloyd v. County of Los Angeles
County employee is not required to petition for hearing prior to filing suit for retaliation based on whistleblower activity. 		Employment Law Mar. 20, 2009
Hildebrandt v. St. Helena Unified School District
Part-time school psychologists of greater seniority cannot displace full-time employee with less seniority during layoffs. 		Employment Law Mar. 20, 2009
Sanchez v. Western Pizza Enterprises Inc.
Class arbitration waiver is unenforceable due to interference with employees' ability to vindicate rights to minimum wage and reimbursement. 		Employment Law Mar. 19, 2009
County of Santa Cruz v. Civil Service Commission of Santa Cruz (Jack)
Civil Service Commission's decision to impose suspension instead of demotion exceeded the bounds of reason where no findings support sentence reduction. 		Employment Law Mar. 13, 2009
Hansen v. California Dept. of Corrections and Rehabilitation
Statements made during internal investigation of prison employee protected under anti-SLAPP statute. 		Employment Law Mar. 13, 2009
Franco v. Athens Disposal Co. Inc.
Class arbitration waiver is unconscionable due to modest size of recovery, potential for retaliation, and unawareness of rights. 		Employment Law Mar. 11, 2009
Budrow v. Dave & Buster's of California Inc.
'Leighton v. Old Heidelberg' does not limit Labor Code Section 351 tip pools to employees who provide 'direct table service.' 		Employment Law Mar. 4, 2009
Equal Employment Opportunity Commission v. Federal Express Corp.
Equal Employment Opportunity Commission has subpoena power pursuant to its authority to investigate following issuance of right-to-sue letter. 		Employment Law Mar. 4, 2009
Chindarah v. Pick Up Stix Inc.
In case involving wage dispute, settlement agreement containing general release does not violate Labor Code. 		Employment Law Mar. 3, 2009
Estate of O'Neal v. American Seafoods Company
Parol evidence to demonstrate longer term barred when employment contract contained explicit language defining duration of agreement. 		Employment Law Mar. 3, 2009
Cahoon v. Governing Board of Ventura Unified School District
Nolo contendere plea for controlled substance offense is not 'conviction' under Education Code Section 45123. 		Employment Law Feb. 25, 2009
Ahlmeyer v. Nevada System of Higher Education
Dismissal for futility is appropriate where ADEA is exclusive remedy for alleged age discrimination in workplace. 		Employment Law Feb. 19, 2009
Lakeside-Scott v. Multnomah County
Subordinate supervisor with retaliatory motive is insulated from liability where final decision maker's termination decision was not influenced. 		Employment Law Feb. 13, 2009
Spielbauer v. County of Santa Clara
Termination is proper where public defender refused to answer questions relating to job performance without formal grant of criminal immunity. 		Employment Law Feb. 10, 2009
Boston v. Penny Lane Centers Inc.
California Child Day Care Act does not bar therapist's claim against employer based on retaliation for complaints regarding unsafe work environment. 		Employment Law Jan. 28, 2009
Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
Plan administrator properly paid benefits to ex-wife previously designated beneficiary of deceased. 		Employment Law Jan. 26, 2009
Crawford v. Metropolitan Government of Nashville and Davidson County
Employee has retaliation claim even though she merely addressed discrimination in response to internal investigation. 		Employment Law Jan. 26, 2009
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