Guido v. Mount Lemmon Fire Dist.

The federal Age Discrimination in Employment Act applies to all state and local government agencies without regard to the number of workers they employ, though it applies to private employers only if they have 20 or more workers.  Disagreeing with four other circuits, the Ninth Circuit finds that the definition of “employer” in the Age…

EEOC v. McLane Co.

An EEOC administrative subpoena for names, addresses and phone numbers of co-workers should have been enforced as the information was relevant to the charge the EEOC was investigating, allowing the EEOC to contact co-workers to weigh whether the employer’s test was discriminatory.  On remand from the Supreme Court, the Ninth Circuit applies the abuse of…

Garcia v. Pexco, LLC

Arbitration clause in employee’s contract with staffing agency could be enforced by the employer to whom the staffing agency assigned him, because plaintiff’s claims arose out of his employment contract and were intimately intertwined with it, thus estopping him from asserting the employer was not a party to the agreement.  This decision affirms an order…

Mendoza v. Nordstrom, Inc.

The Labor Code requirement that an employer give an employee a day of rest after six days of work applies on a calendar week basis, not a rolling basis, and applies during any week in which the employee works more than six hours in any one day.  Under Lab. Code 551 and 552, an employer…

Rizo v. Yovino

In defending a claim that employees’ pay disparity violates the Equal Pay Act, an employer may justify the disparities by showing that it results from differences between the pay the compared employees earned in prior jobs, so long as the reliance on prior wages effectuates some business policy of the employer and the employer uses…

Featherstone v. Southern California Permanente Medical Group

Plaintiff-employee who quit her job during a psychotic episode induced by prescription drugs could not state a claim for disability discrimination when her former employer denied her later request for reinstatement; the former employer owed no duty to rehire her once the former employment relationship ceased.  During a prescription drug-induced psychotic episode, plaintiff resigned from…

Santillan v. USA Waste of California, Inc.

Employer was not entitled to summary judgment on discrimination claim based on the Immigration Control and Reform Act, since that act requires proof of immigration status only for new hires, not employees reinstated after a disciplinary suspension nor employees hired before 1986.  The trial court erred in granting the employer’s summary judgment motion in this…

Batze v. Safeway, Inc.

The trial court’s finding that plaintiffs were exempt administrative employees, not entitled to overtime pay, was supported by substantial, properly admitted evidence showing plaintiffs spent more than 50% of their work time on administrative tasks.  Substantial evidence supported the trial court’s findings that the plaintiffs who were assistant store managers were exempt administrative or executive…

Brunozzi v. Cable Communications, Inc.

Employer improperly calculated overtime pay in violation of the Fair Labor Standards Act when it paid employees for overtime at a rate less than 150% of their usual non-overtime pay.  Employer violated the FLSA’s overtime payment requirement by the way it calculated overtime pay.  When an employee did not work overtime, he was paid his…

Gerard v. Orange Coast Memorial Medical Center

Health care workers may waive their otherwise mandatory second meal break during shifts of over eight hours. On remand from the California Supreme Court to reconsider in light of SB 327 (amending Lab. Code 512), this decision holds that a health care worker can waive the second meal break during shifts of over 8 hours, even…

Farrar v. Direct Commerce, Inc.

An arbitration clause in a high executive’s employment contract was enforceable after severance of its single unconscionable provision exempting from arbitration any claim for breach by the employee of the employer’s confidentiality agreement.  A high level sales executive sought to avoid arbitration of her wrongful termination claim, arguing that the arbitration provision was unconscionable.  The…

Atkins v. City of Los Angeles

Police officer recruits who sustained temporary injuries while training at the Police Academy were unable to prove claims for disability discrimination, but they nevertheless were entitled to judgment on their claim that the City had failed to accommodate their disabilities when it eliminated a program under which injured recruits were assigned to light administrative duties…