Woodworth v. Loma Linda Univ. Med. Ctr., 93 Cal. App. 5th 1038 (2023)
Nicole Woodworth was a registered nurse at Loma Linda University Medical Center from December 2011 to June 2014. In June 2014, she filed a putative class
California Employment Law Update
California Employment Law Update, published by Proskauer Rose LLP, focuses on developments in California labor and employment law. The blog covers topics such as arbitration procedures and deadlines, employee rights related to meal and rest breaks, wage and hour issues including prompt payment of accrued vacation, employment discrimination and retaliation claims, class actions, breach of contract disputes involving employee compensation, and litigation strategies including anti-SLAPP motions. It addresses both statutory and case law updates affecting employers and employees in California, providing insights on compliance, enforcement, and litigation outcomes relevant to labor and employment practitioners.
Latest from California Employment Law Update - Page 2
Fire Chief Was Terminated For Misconduct Not Because Of His Religion
By Tony Oncidi
Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023)
Ronald Hittle served as the City’s Fire Chief before he was fired (following an investigation by an outside investigator) because he lacked effectiveness and judgment in his ongoing…
Court Affirms $7.1 Million Whistleblower Verdict
By Tony Oncidi
Zirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023)
Karl Zirpel worked as the vice president of operations for Alki David Productions (“ADP”) before the principal of ADP, Alki David, fired him for allegedly disclosing information…
Employer Must Prove “Substantial Increased Costs” Would Result From Religious Accommodation
By Tony Oncidi
Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279 (2023)
Gerald Groff, an Evangelical Christian, took a mail delivery job with the USPS at a time when postal service employees were was not required to work on Sundays. …
Business Entity Agents Of Employer Share Potential FEHA Liability
By Tony Oncidi
Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023)
The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as…
Arbitrator Correctly Enforced Release Agreement Executed By Employee
By Tony Oncidi
Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023)
Elizabeth Castelo sued her former employer Xceed Financial Credit Union for wrongful termination and age discrimination in violation of FEHA. After the parties stipulated to binding arbitration,…
COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld
By Tony Oncidi
LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)
Plaintiff Robert LaCour, a former “loss prevention specialist” for Marshalls, appealed from a judgment in favor of his former employer and certain affiliated entities. Marshalls filed…
Disability Leave Is Not “Compensation” Under California Workers’ Compensation Law
By Tony Oncidi
California Dep’t of Corr. & Rehab. v. WCAB, 2023 WL 5198517 (Cal. Ct. App. 2023)
Under the Workers’ Compensation Act, if a worker is injured because of the employer’s serious and willful misconduct, the “compensation” the worker is entitled…
Non-Party Plaintiffs With Overlapping PAGA Claims May Be Able To “Permissibly Intervene” In Related Actions
By Tony Oncidi
Accurso v. In-N-Out Burgers, 2023 WL 5543525 (Cal. Ct. App. 2023)
Plaintiffs Tom Piplack and Brianna Marie Taylor filed PAGA actions in Orange and Los Angeles Counties, respectively, against respondent In-N-Out Burgers (In-N-Out). When they learned about settlement negotiations…
PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration
By Tony Oncidi
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)
After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after…