Orange County Employment Law Blog
Telecommuting May Be a Reasonable Accommodation for a Disability, Even When the Employer Contends the Job Requires the Employee to be Physically Present at Work
In EEOC v. Ford Motor Co., (6th Cir. April 22, 2014), the Sixth Circuit Court of Appeals reversed the order of the U.S. District Court for the Eastern District of Michigan (Judge O’Meara) granting defendant’s motion for summary judgment on plaintiff’s claims of...
Employer May Require Employee Returning From FMLA Leave To Undergo Fitness For Duty Evaluation Even After The Employee’s Healthcare Provider Has Released The Employee To Return To Work
In White v. County of Los Angeles, ___ Cal.App.4th ___ (April 15, 2014), the California Court of Appeal (Second Appellate District, Division Three) reversed the order of the Los Angeles County Superior Court (Judge Chalfant) issuing a writ of mandate prohibiting...
Class Action Waivers in Arbitration Agreements May Not be Enforceable in California, Even After Concepcion
In Imburgia v. DirecTV, Inc., ___ Cal.App.4th ___ (April 7, 2014), the California Court of Appeal (Second Appellate District, Division One) affirmed the order of the Los Angeles County Superior Court (Judge Wiley) denying defendant’s motion to dismiss or stay a class...
Retaliation and Wrongful Discharge Claims are Preempted by the Federal Aviation Act When the Protected Activity at Issue Involves Complaints About Pilot Qualification and Medical
In Ventress v. Japan Airlines, ___ F.3d ___ (9th Cir. March 28, 2014), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the District of Hawaii (Judge Kobayashi) granting defendant’s motion for summary judgment on plaintiff’s...
Supervisor’s Conduct Motivated by Sexual Interest May Support Claim for Same-Sex Harassment
In Lewis v. City of Benicia, ___ Cal.App.4th ___ (March 26, 2014), the California Court of Appeal (First Appellate District, Division One) reversed the order of the Solano County Superior Court (Judge Bowers) granting defendant’s motions for summary judgment and...
Severance Payments are Taxable as Wages
In United States v. Quality Stores, Inc., ___ U.S. ___ (March 25, 2014), the United States Supreme Court reversed the ruling of the United States Court of Appeals for the Sixth Circuit holding that severance payments are not taxable wages under the Federal Insurance...
Arbitration Agreement That Allows Employer (But Not Employee) To Change Its Terms is Not Unconscionable
In Casas v. CarMax Auto Superstores California LLC, ___ Cal.App.4th ___ (March 20, 2014), the California Court of Appeal (Second Appellate District, Division One) reversed the order of the Los Angeles County Superior Court (Judge Kleifield) denying defendant’s motion...
Employer May Not Require Employee to Bring Sexual Harassment and Retaliation Claims Within Shorter Limitations Period Than That Allowed by Law
In Ellis v. U.S. Security Associates, ___ Cal.App.4th ___ (March 20, 2014), the California Court of Appeal (First Appellate District, Division Two) reversed the order of the Solano County Superior Court (Judge Kinnicutt) granting defendant’s motion for judgment on...
FLSA’s Firefighter Exemption Does Not Apply to Action for Unpaid Overtime by Fire Department Employees
In Haro v. City of Los Angeles, ___ F.3d ___ (9th Cir. March 18, 2014), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the Central District of California (Judge Simon, District Judge for the District of Oregon, sitting by...
Actions for Unpaid Overtime Under PAGA Cannot be Removed to Federal Court
In Baumann v. Chase Investment Services Corp., ___ F.3d ___ (9th Cir. March 13, 2014), the Ninth Circuit Court of Appeals reversed the order of the U.S. District Court for the Central District of California (Judge King) denying plaintiff’s motion to remand and action...