Orange County Employment Law Blog
Pattern or Practice of Off-The-Clock Work Supports Common Questions of Fact or Law for Class Certification
In Williams v. Super. Ct., ___ Cal.App.4th ___ (Dec. 6, 2013), the California Court of Appeal (Second Appellate District, Division Eight) vacated the Los Angeles County Superior Court court’s order decertifying a class and ordered the court to recertify it. Plaintiff...
Bankruptcy Debt Repayment Plan Requiring Plaintiff to Pay Attorneys’ Fees Does Not Prevent Appeal
In Edwards v. Broadwater Casitas Care Ctr., ___ Cal.App.4th ___ (Dec. 5, 2013), the California Court of Appeal (Second Appellate District, Division Five) denied the employer appellee’s motion to dismiss the appeal. Plaintiff was unsuccessful in arbitration of her...
Attorneys’ Fees Award Under FEHA May Exceed Plaintiff’s Damages
In Muniz v. United Parcel Service, Inc., ___ F.3d ___ (9th Cir. Dec. 5, 2013), the Ninth Circuit Court of Appeals affirmed in part and vacated in part the order of the U.S. District Court for the Northern District of California awarding attorneys’ fees to a prevailing...
California Court of Appeal Allows Class Certification of Claims by Restaurant Managers That They Were Denied Overtime Pay
In Martinez v. Joe's Crab Shack Holdings, ___ Cal.App.4th ___ (Nov. 11, 2013; pub. ord. Dec. 4, 2013), the California Court of Appeal (Second Appellate District, Division Seven) reversed the Los Angeles County Superior Court court’s order denying class certification...
Police Officer Reporting Safety Concerns to Supervisor Not Entitled to First Amendment Protections
In Hagen v. City of Eugene, ___ F.3d ___ (9th Cir. Dec. 3, 2013), the Ninth Circuit Court of Appeals reversed the decision of the U.S. District Court for the District of Oregon denying defendants’ motion for judgment as a matter of law following a jury trial...
After-Acquired Evidence Admissible to Show Whether Plaintiff Can Establish Prima Facie Case of Race Discrimination
In Horne v. Int’l Union Painters et al., Dist. Council 16, ___ Cal.App.4th ___ (Dec. 3, 2013), the California Court of Appeal (First Appellate District, Division Four) affirmed the Alameda County Superior Court’s order granting summary judgment to defendants District...
Class Certification Proper Where Defendant Applied Uniform Policy of Denying Compensation for Work Performed at Home
In Jones v. Farmers Ins. Exch., ___ Cal.App.4th ___ (Nov. 26, 2013), the California Court of Appeal (Second Appellate District, Division Three) reversed the Los Angeles County Superior Court court’s order denying class certification. Plaintiff filed a class action...
Employer’s Cross-Complaint for Malicious Prosecution of Unemployment Insurance Claim Stricken
In Kurz v. Syrus Sys., LLC, ___ Cal.App.4th ___ (Nov. 22, 2013), the California Court of Appeal (Sixth Appellate District) reversed the Santa Clara County Superior Court court’s order denying plaintiff’s anti-SLAPP motion to strike a cross-Complaint brought be the...
In-House Counsel’s Participation in Termination Decision May Support Malpractice and Fraud Claims
In Yanez v. Plummer, ___ Cal.App.4th ___ (Nov. 5, 2013), the California Court of Appeal (Third Appellate District) reversed the Placer County Superior Court court’s order granting summary judgment for defendant employer. Plaintiff sued his former employer for wrongful...