Advising And Defending California Businesses
On March 12, 2019, the court of appeal published its decision in Myers v. Raley’s that reversed a trial court’s order denying class certification in a wage and hour case because the trial court failed to “provide the reasons for its ultimate finding.” The maintenance...
On March 12, 2020, the California Supreme Court in Kim v. Reins International California, Inc., held that employees may settle and dismiss their individual claims for Labor Code violations and not lose standing to pursue a claim under the Private Attorneys General Act...
Attorney Justin R. Rediger prevailed on a motion for summary judgment in a case alleging disability discrimination, racial harassment, and whistleblower retaliation. Judge George J. Abdallah, Jr. of the San Joaquin County Superior Court agreed that there was no...
On February 27, 2019, a California court of appeal published its decision in Moorer v. Noble L.A. Events Inc., affirming a trial court’s order dismissing the plaintiff’s lawsuit that alleged violations of the Labor Code, Wage Order No. 4, and the Private Attorneys...
On March 2, 2020, the U. S. Court of Court of Appeals for the Ninth Circuit in Scalia v. Employer Solutions Staffing Group, LLC, et al. affirmed a district court’s summary judgment in favor of the U. S. Secretary of Labor against ESSG in an action alleging that...
To prove the tort of intentional interference with prospective economic advantage, a plaintiff must establish “the existence of an economic relationship with some third party that contains the probability of future economic benefit to the plaintiff.” ...
During Obama’s presidency, many federal agencies, including the EEOC and OSHA, promulgated rules and guidance affording increased protections for transgender employees. It is yet to be seen whether the EEOC will continue to pursue the expansion of Title VII to include...
In Lemke v. Sutter Roseville Medical Center, the plaintiff nurse was terminated due to her failure to properly document a patient’s medications and condition, monitor the condition, and refusal to assist in reviving the patient. Approximately two months prior to...
On February 25, 2019, a California court of appeal in Correia v. NB Baker Electric, Inc. affirmed a trial court’s order denying an employer’s petition to compel arbitration of a claim brought under the Private Attorney General Act of 2004 (PAGA). The trial court had...
On February 26, 2020, the National Labor Relations Board issued a final rule regarding whether two entities will be considered a joint employer, restoring its pre-2015 standard, and providing greater precision, clarity, and detail by using its rulemaking power. The...