Light v. California Department of Parks & Recreation

The trial court improperly granted summary judgment to employer defendant on employee plaintiff’s claim of FEHA-prohibited retaliation for supporting a co-worker’s complaint of sex discrimination, after she provided sufficient evidence of (1) adverse employment actions and (2) retaliatory motive.  The trial court improperly granted summary judgment to defendant on plaintiff’s claim of retaliation in violation…

Southern Ins. Co. v. Workers Compensation Appeals Bd.

Insured company misrepresented in its worker’s compensation insurance application that its workers traveled only within a 200 mile radius of its headquarters in California, so appeals board needed to determine whether insurer’s resulting rescission was effective.  Like other insurers, a worker’s compensation insurer may rescind its policy for misrepresentations in the insurance application.  On remand,…

Vaquero v. Stoneledge Furniture LLC

When an employer pays an employee on a commission basis, the employer must separately pay the worker the minimum wage for the meal and rest break time, and cannot later deduct those wages from the employee’s future commissions.  An employer must compensate a worker for meal and rest break time.  When the employer pays the…

Lee v. West Kern Water District

The Workers Compensation Act did not preempt plaintiff’s claim for intentional infliction of emotional distress caused by her co-workers who staged a mock robbery at her cashier’s window, since the Act does not preempt intentional torts that are not part of the compensation bargain.  The Workers Compensation Act did not preempt plaintiff’s claim for intentional…

Truck Insurance Exchange v. Workers Compensation Appeals Board

An injured worker did not file a formal worker’s compensation claim until 7 years after his injury, but the insurer could not raise a successful laches defense to the claim since the worker’s employer received knowledge of his injury the day after it was sustained.  Under the workers compensation statutes, the injured worker must file…