Orange County Employment Law Blog
California Employees Guaranteed Up to Three Days of Paid Sick Leave Per Year
On August 30, 2014, California Governor Gerry Brown issued a statement in favor of a bill that requires California employers to provide up to three (3) days of paid sick leave annually to each of their employees. In a press release issued on Saturday evening,...
Franchisor not Liable for Sexual Harassment of Franchisee’s Employee
In Patterson v. Domino's Pizza, ___ Cal.4th ___ (August 28, 2014), the California Supreme Court upheld the order of the Ventura County Superior Court (Judge Lane) granting summary judgment on plaintiff’s claim of sexual harassment, and reversed its subsequent...
Facebook “Like” May be Protected, Concerted Activity, According to the NLRB
In yet another decision expanding the protection afforded to employees’ use of social media, the National Labor Relations Board (“NLRB” or the “Board”) ruled in Triple Play Sports Bar and Grille (Cases 34–CA–012915 and 34–CA–012926, August 22, 2014) that clicking...
Healthcare Worker has Right to Jury Trial on Claim of Whistleblower Retaliation
In Shaw v. Super. Ct., ___ Cal.App.4th ___ (August 21, 2014), the California Court of Appeal (Second Appellate District, Division Three) reversed the decision by the Los Angeles County Superior Court (Judge Rosenfield) denying plaintiff a jury trial on her...
Jury’s Verdict in Whistleblower Retaliation Claim by Los Angeles Sheriff’s Deputy Upheld
In Hager v. County of Los Angeles, ___ Cal.App.4th ___ (August 19, 2014), the California Court of Appeal (Second Appellate District, Division Three) affirmed in part and reversed in part the judgment of the Los Angeles County Superior Court (Judge Chavez) after a...
Waiting Time Penalties for Untimely Payment of Final Wages Available to California Public Employees who Retire
In McLean v. State of California, ___ Cal.App.4th ___ (August 19, 2014), the California Court of Appeal (Third Appellate District) reversed the judgment of dismissal by the Sacramento County Superior Court (Judge Cadei) after it sustained defendant’s demurrer to...
Two New Laws in California Expand Employee Rights to Payment of Wages and Penalties
On August 18, 2014, California Governor Gerry Brown signed two bills that further expand employee rights to payment of wages. Both laws take effect on January 1, 2015. The first is Assembly Bill 2074, authored by Assemblymember Roger Hernández (D – West Covina). This...
Involuntary Transfers to Other Positions and Shifts and Rescission of Previously Approved Vacation May Constitute Retaliation
In Thomas v. County of Riverside, ___ F.3d ___ (9th Cir. August 18, 2014), the Ninth Circuit Court of Appeals reversed in part the order of the U.S. District Court for the Central District of California (Judge Phillips), granting summary judgment on plaintiff’s claims...
Ninth Circuit Holds Police Officer With ADHD Not Disabled Employee Under ADA
In Weaving v. City of Hillsboro, ___ F.3d ___ (9th Cir. August 15, 2014), the Ninth Circuit Court of Appeals reversed the judgment of the U.S. District Court for the District of Oregon (Judge Herenandez), after a jury trial, in favor of a police officer who alleged...
Class Action for Unpaid Overtime Wages Might Still be Certified Even After 80% of Putative Class Members Individually Agreed to Arbitrate Claims or Settle Directly With Employer, Leaving Just 9 Employees
In Hendershot v. Ready to Roll Transportation, Inc., ___ Cal.App.4th ___ (August 14, 2014), the California Court of Appeal (Second Appellate District, Division Three) reversed the order of the Los Angeles County Superior Court (Judge Fahey) denying class...