This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the DK-TEST Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Marin v. Costco Wholesale Corp.
Trial court errs by holding employer's formula for calculating bonus overtime compensation violated California law.
Employment Law Jan. 22, 2009
Owens v. Automotive Machinists Pension Trust
Under ERISA, plaintiff is entitled to 50 percent interest in pension benefits after dissoultion of quasi-marital realtionship.
Employment Law Jan. 12, 2009
Sandoval v. Los Angeles County Dept. of Public Social Services
County employee has sufficient notice of termination where he was advised in three letters to return to work.
Employment Law Jan. 8, 2009
Wilson v. County of Orange
Substantial evidence supports defense verdict in FEHA action brought by police radio dispatcher.
Employment Law Jan. 8, 2009
Miller v. City of Los Angeles
FEHA complaint is barred by discharged employee's failure to exhaust administrative remedies after evidentiary hearing.
Employment Law Jan. 8, 2009
Rankin v. Longs Drugs Stores California Inc.
Combat Methamphetamine Epidemic Act abates action seeking award under Labor Code where employer asks about prior drug convictions in employment application.
Employment Law Jan. 7, 2009
Marin v. Costco Wholesale Corp.
Trial court errs by holding employer's formula for calculating bonus overtime compensation violated California law.
Employment Law Dec. 26, 2008
DeJung v. Superior Court
Discretionary immunity does not protect superior court from direct public entity liability for age discrimination brought by employee under FEHA.
Employment Law Dec. 23, 2008
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care.
Employment Law Dec. 8, 2008
Brewer v. Premier Golf Properties
Punitive damages are unrecoverable when based solely on Labor Code violations by employer.
Employment Law Dec. 4, 2008
Tucker v. Grossmont Union High School District
Laid-off employee retains right to reemployment over newly hired applicant.
Employment Law Nov. 21, 2008
McDonald v. Antelope Valley Community College District
Equitable tolling is not barred where FEHA plaintiff voluntarily pursues internal administrative remedy prior to filing complaint.
Employment Law Oct. 28, 2008
Kettenring v. Los Angeles Unified School District
Adult education teachers are deemed exempt employees ineligible for overtime pay.
Employment Law Oct. 13, 2008
Golden Gate Restaurant Association v. City and County of San Francisco
ERISA does not preempt local ordinance requiring employers to make health care expenditures for employees.
Employment Law Oct. 1, 2008
Simon v. Hartford Life Inc.
Pro se plaintiff may not pursue claims in representative capacity on behalf of ERISA plan.
Employment Law Oct. 1, 2008
Vaught v. Scottsdale Healthcare Corp. Health Plan
In ERISA case, claimant seeking relief from denial of benefits is not precluded from raising new theory to district court.
Employment Law Sep. 30, 2008
Poore v. Simpson Paper Company
Early retirees lack standing under ERISA where collective bargaining agreements reserved right to alter benefits for employer.
Employment Law Sep. 23, 2008
Burke v. Pitney Bowes Inc. Long-Term Disability Plan
Structural conflict of interest can be demonstrated where disability plan administrator also funded plan.
Employment Law Sep. 22, 2008
Vaughn v. Bay Environmental Management Inc.
Former employee who received full distribution of account balance under defined contribution plan has standing to file suit as participant under ERISA.
Employment Law Sep. 22, 2008
Pannebecker v. Liberty Life Assurance Company of Boston
Disability benefits must be reinstated where administrator's initial denial is based on improper application of plan's terms.
Employment Law Sep. 19, 2008
Wicker v. State of Oregon
1978 consent decree banning sex discrimination in calculation of refund annuity benefits did not permanently lock rates on date of decree.
Employment Law Sep. 18, 2008
Varisco v. Gateway Science and Engineering Inc.
Clause in parties' letter agreement allowing either party to terminate at will did not transform independent contractor into employee.
Employment Law Sep. 16, 2008
Nadaf-Rahrov v. Neiman Marcus Group Inc.
Employee shows ability to perform essential job functions for purposes of disability discrimination claim.
Employment Law Sep. 12, 2008
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 Sep. 11, 2008
Townsend v. University of Alaska
Under Uniformed Services Employment and Reemployment Rights Act of 1994, federal court lacks jurisdiction to hear action brought by individual against state.
Employment Law Sep. 8, 2008
Dobos v. Voluntary Plan Administrators Inc.
County employee must satisfy six-month employment qualifying period to be eligible for disability payments.
Employment Law Sep. 4, 2008
Whitman v. Mineta
ADEA permits employee's retaliation claim against Federal Aviation Administration.
Employment Law Sep. 3, 2008
Avila v. Continental Airlines Inc.
In California Family Rights Act case, plaintiff's submission of medical excuse forms to employer could constitute request for leave.
Employment Law Sep. 2, 2008
Pearson Dental Supplies Inc. v. Superior Court (Turcios)
Trial court errs in finding employment agreement's one-year arbital limitation period violated unwaivable rights under California Fair Employment and Housing Act.
Employment Law Aug. 25, 2008
Hurlic v. Southern California Gas Company
Plaintiffs' claims based on Employee Retirement Income Security Act of 1974 are properly dismissed.
Employment Law Aug. 21, 2008