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 California 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...
