We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Latest from California Employment Law Update
Workers Do Not Need To Establish They Were Hired Before ABC Test Can Be Applied
Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022)
Plaintiffs, unlicensed flooring installers, installed floors on behalf of Roussos Construction, a general contractor. There were three individuals working between plaintiffs and Roussos whom plaintiffs called “supervisors” and Roussos
Court Improperly Remanded Action To State Court Based On Amount In Controversy Under CAFA
Jauregui v. Roadrunner Transp. Servs., Inc., 28 F.4th 989 (9th Cir. 2022)
Griselda Jauregui filed this putative class action in California state court against Roadrunner Transportation Services on behalf of all current and former hourly workers in California. The complaint
Trial Court Should Not Have Dismissed PAGA Claims On Unmanageability Grounds
Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022)
In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal
Employer May Have Violated Federal Law On Forced Labor By Abusing Visa Program
Martinez-Rodriguez v. Giles, 2022 WL 1132809 (9th Cir. 2022)
Plaintiffs are six citizens of Mexico (all licensed in Mexico as either animal scientists or veterinarians) who were recruited to work as “Animal Scientists” at Funk Diary in Idaho under the
School District Is Not Liable For Teacher’s Sexual Relationship With Student
Doe v. Anderson Union High School Dist., 2022 WL 1404140 (Cal. Ct. App. 2022)
A teacher at Anderson Union High School allegedly had a sexual relationship with one of his students, which included sexual activities in the classroom. The student
California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete
LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022)
California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed
Former Employee Adequately Alleged Disability Under The ADA
Shields v. Credit One Bank, N.A., 2022 WL 1436839 (9th Cir. 2022)
Karen Shields worked as an HR Generalist for Credit One Bank before her position was eliminated, which occurred after she took a medical leave of absence as an
Former UCLA Physician Can Proceed With Whistleblower Claims
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022)
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and others for alleged whistleblower retaliation. Dr. Scheer asserted claims under Cal. Lab.
Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law
In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose employment was terminated after she contracted