Orange County Employment Law Blog
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...
Employer Waives Right to Compel Arbitration by Failing to Follow Grievance Procedure First
In Knutsson v. KTLA, ___ Cal.App.4th ___ (August 12, 2014), the California Court of Appeal (Second Appellate District, Division Five) affirmed the order of the Los Angeles County Superior Court (Judge Kleifield) denying defendant’s motion to compel arbitration of...
California Employers Must Reimburse Employees for Work-Related use of Personal Cell Phones
In Cochran v. Schwan’s Home Service, ___ Cal.App.4th ___ (August 12, 2014), the California Court of Appeal (Second Appellate District, Division Two) reversed the order of the Los Angeles County Superior Court (Judge Sanchez-Gordon) denying class certification of...
Employer’s Unilateral Modification of Arbitration Agreement Invalid
In Rebolledo v. Tilly's, Inc., ___ Cal.App.4th ___ (August 6, 2014), the California Court of Appeal (Fourth Appellate District, Division Three) affirmed the order of the Orange County Superior Court (Judge Perk) denying defendant’s motion to compel arbitration of...
Arbitrator, Not Court, Should Decide Whether Parties Agreed to Class Arbitration
In Sandquist v. Lebo Automotive, ___ Cal.App.4th ___ (July 22, 2014), the California Court of Appeal (Second Appellate District, Division Seven) reversed the order of the Los Angeles County Superior Court (Judge Berle) dismissing plaintiff’s class claims, as the...
Employer May Force Salaried Exempt Employees to Use Paid Time Off to Cover Partial Day Absences
In Rhea v. General Atomics, ___ Cal.App.4th ___ (July 21, 2014), the California Court of Appeal (Fourth Appellate District, Division One) affirmed the ruling of the San Diego County Superior Court (Judge Strauss) in favor of defendant on its motion for summary...
Plaintiff Must Arbitrate Claim of Independent Contractor Misclassification
In Galen v. Redfin Corp., ___ Cal.App.4th ___ (July 21, 2014), the California Court of Appeal (First Appellate District, Division One) reversed the order of the Alameda County Superior Court (Judge Brick) denying defendant’s motion to compel arbitration. Plaintiff...
California Salesperson Must be Paid at Least 1½ Times Minimum Wage Each Pay Period to Qualify for Commissioned Employee Exemption
In Peabody v. Time Warner Cable, ___ Cal.4th ___ (July 14, 2014), the California Supreme Court certified for the 9th Circuit Court of Appeals that an employer may not attribute commission wages paid in one pay period to other pay periods in order to satisfy...
Rule Prohibiting Male Prison Guards From Supervising Female Inmates May Constitute Sex Discrimination
In Anderson v. City & County of San Francisco, ___ F.3d ___ (9th Cir. July 2, 2014), the Ninth Circuit Court of Appeals reversed in part and vacated in part the judgment by the U.S. District Court for the Northern District of California (Judge Illston) in favor of...