Orange County Employment Law Blog
Wage and Hour Claims in California Subject to Arbitration
In Lane v. Francis Capital Management, ___ Cal.App.4th ___ (March 11, 2014), the California Court of Appeal (Second Appellate District, Division Four) reversed the order of the Los Angeles County Superior Court (Judge Kahn) denying defendant’s motion to compel...
Employees of Private Companies May Have Whistleblower Protection Under Sarbanes-Oxley
In Lawson v. FMR LLC, ___ U.S. ___ (March 4, 2014), the United States Supreme Court reversed the ruling of the United States Court of Appeals for the First Circuit and affirmed the ruling of the United States District Court for the District of Massachusetts that the...
Arbitration Agreement Employee Signed During Application Process Six Years Before Termination is Enforceable
In Sanchez v. CarMax Auto Superstores California, LLC, ___ Cal.App.4th ___ (March 4, 2014), the California Court of Appeal (Second Appellate District, Division One) reversed the order of the Los Angeles County Superior Court (Judge Miller) denying defendant’s motion...
Employees Should Be Clear When Accepting or Waiving FMLA Leave
In Escriba v. Foster Poultry Farms, Inc., ___ F.3d ___ (9th Cir. Feb. 25, 2014), the Ninth Circuit Court of Appeals affirmed the orders of the U.S. District Court for the Eastern District of California (Judge O’Neill) denying plaintiff’s motion for summary judgment...
Plaintiff Who Unsuccessfully Represented Himself in Race Discrimination Lawsuit Against Former Employer Ordered to Pay $100,000 in Attorneys’ Fees
In Robert v. Stanford Univ., ___ Cal.App.4th ___ (Feb. 25, 2014), the California Court of Appeal (Sixth Appellate District) affirmed the order of the Santa Clara County Superior Court (Judge Hansen) requiring the plaintiff employee to pay $100,000 in attorneys’ fees...
Medical Staffing Agency Not Liable for its Employee Poisoning an Employee of its Customer Hospital
In Montague v. AMN Healthcare, ___ Cal.App.4th ___ (Feb. 21, 2014), the California Court of Appeal (Fourth Appellate District, Division One) affirmed the ruling of the San Diego County Superior Court (Judge Denton) granting summary judgment in favor of a staffing...
Whistleblower Physician Suing for Retaliation Under California Health and Safety Code Section 1278.5 Not Required to First Obtain Mandamus Judgment Setting Aside Hospital’s Decision
In Fahlen v. Sutter Central Valley Hospitals, ___ Cal.4th ___ (Feb. 20, 2014), the California Supreme Court upheld the ruling of the California Court of Appeal (5th Appellate District) and Stanislaus County Superior Court (Judge Salter) that a physician may proceed...
Retail Store Managers Seeking Unpaid Overtime Could Not Avoid Removal to Federal Court Under Class Action Fairness Act Even After State Court Already Certified Class Action
In Rea v. Michaels Stores Inc., ___ F.3d ___ (9th Cir. Feb. 18, 2014), the Ninth Circuit Court of Appeals reversed the order of the U.S. District Court for the Central District of California (Judge Wu) that plaintiffs in a class action for unpaid overtime wages did...
Employee Privacy Rights – California Attorney General Says Truck Drivers May Be Continuously Monitored and Videotaped While Driving
On February 13, 2014, the California Attorney General’s office published Opinion No. 12-1101 in response to a request from a member of the state senate regarding surveillance of employees. The request from the senate read as follows: “Does continuous videotaping...
Constructive Voluntary Quit Theory Rejected in California
In Kelley v. California Unemployment Ins. Appeals Bd., ___ Cal.App.4th ___ (Feb. 10, 2014), the California Court of Appeal (Second Appellate District, Division Eight) affirmed the ruling of the Los Angeles County Superior Court (Judge Chalfant) overturning the...