On August 20, 2019, the U.S. Court of Appeals for the Ninth Circuit in Valtierra v. Medtronic Inc. affirmed a summary judgment in favor of an employer where the plaintiff alleged he was fired because of his morbid obesity in violation of the Americans With...
Advising And Defending Businesses
Month: August 2021
Court Will Not “Split” PAGA Claim to Send a Portion of It to Arbitration
On August 13, 2019, a court of appeal in Mejia v. Merchants Building Maintenance affirmed a trial court’s order denying the defendants’ motion to compel arbitration. The plaintiff was a union member covered by a collective bargaining agreement that required employees...
Employer That Prevailed in Discrimination Case Denied Attorney’s Fees
On August 1, 2019, a court of appeal in Scott v. City of San Diego reversed an award of attorney’s fees in the amount of $51,946.96 to an employer after it prevailed in a jury trial over claims of race discrimination and retaliation under the Fair Employment and...
Off-Duty, and On-Duty, Meal Periods Must be at Least 30 Minutes
On July 31, 2019, a court of appeal in L’Chaim House, Inc. v. Division of Labor Standards Enforcement held that employers in the public housekeeping industry covered by Wage Order No. 5 must provide meal periods of at least 30 minutes to their employees, regardless of...