Selected Employment

Robert L. Rediger’s Selected Employment Law Decisions

California Supreme Court and Appellate Court Precedential Decisions

Kirby v. Immoos Fire Protection, Inc. (2012) 53 Cal.4th 1244. Neither employee nor employer may recover attorney’s fees as prevailing party in an action alleging meal and rest period claims.

Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.3d 214. Attorney work product objection prevents discovery into attorney’s interview notes and strategies for witness selection in case where plaintiff alleged sex harassment and gender discrimination.

Boler v. Superior Court (1987) 201 Cal.App.3d 467.  Individual defendant in sexual harassment lawsuit may raise privacy objection to overbroad deposition questions.

El Dorado Savings & Loan Association v. Superior Court (1987) 190 Cal.App.3d 342. Employees have a right of privacy under the California Constitution to the contents of their personnel files and employer has standing to object to overly broad discovery request in case where plaintiffs alleged discrimination on the basis of gender and age.

Dispositive and Other Motions Before Trial

U.S.E.E.O.C. v. Placer ARC, 114 F.Supp.3d 1048 (E.D. Cal. 2015). Defendant’s motion for summary judgment was granted in part, with the court dismissing plaintiff’s claim of unlawful retaliation under the ADA.

U.S.E.E.O.C. v. Placer ARC, 2014 WL 5419879 (E.D. Cal. Oct. 23, 2014). EEOC’s motions to take depositions, compel answers to requests for admissions, and to bring additional discovery disputes to a magistrate judge for resolution denied.

Zamora v. Sacramento Rendering Co., 2007 WL 137239 (E.D. Cal.) Partial summary judgment granted dismissing several claims for sexual harassment, assault, battery, and wrongful discharge, alleged against several defendants.

Cruickshank v. PDQ Automatic Transmissions Parts, Inc., 2007 WL 2188400, (Sacramento Sup. Ct.) Summary adjudication granted in favor of employer, eliminating causes of action for age discrimination, retaliation, unpaid overtime, breach of contract, detrimental reliance and prayer for attorney’s fees.

Fisher v. PianoDisc, Inc. (Sacramento Sup. Ct. Case No. 00AS02011) (2001) Summary adjudication granted on Plaintiff’s disability, sexual orientation discrimination, CFRA/denial of family leave, intentional infliction of emotional distress and punitive damages claims.

Taylor v. Scottpolar Corporation, 995 F.Supp. 1072 (D. AZ. 1998). Partial summary judgment granted dismissing claims against individual defendants for retaliatory discharge in violation of Title VII and Arizona law, and dismissing prayer for punitive damages.

Defense of Wage and Hour Class Actions

Kirby, et al. v. Immoos Fire Protection, Inc., 2009 WL 3802499 (Sacramento Sup. Ct.) Following denial of plaintiffs’ motion for class certification, action voluntarily dismissed with prejudice; defendant’s motion for attorneys’ fees of $50,000 as the prevailing party granted.

Kirk, et al. v Marquee Fire Protection, 2008 WL 4108111 (Sacramento Sup. Ct.) Jury rejects all of the plaintiffs’ claims for unfair competition, failure to pay wages and overtime, failure to provide accurate wage statements, missed rest breaks and meal periods, in lawsuit originally certified as a class action, but decertified on employer’s motion prior to trial.

Warzee et al. v. George Reed Inc. (Tuolumne Sup. Ct.) (2012) Complaint brought as a class action on behalf of truck drivers alleging failure to provide meal and rest periods dismissed after employer argued lawsuit was “preempted by the federal transportation law.”

Jury Trials

U.S.E.E.O.C. v. Placer ARC, 2015 WL 9653976 (E.D. Cal. December 28, 2015) Jury returns unanimous verdict for the defendant rejecting the EEOC’s claims of failure to accommodate and constructive discharge brought under the ADA.

Grenfell v Blue Printing Unlimited, 2009 WL 2985613 (Sacramento Sup. Ct.) Employer’s motion for nonsuit granted as to claim for termination in violation of public policy and jury verdict for it on claim of gender discrimination/sexual harassment in violation of FEHA.

Kirk, et al. v Marquee Fire Protection, 2008 WL 4108111 (Sacramento Sup. Ct.) Jury rejects all of the plaintiffs’ claims for unfair competition, failure to pay wages and overtime, failure to provide accurate wage statements, missed rest breaks and meal periods, in lawsuit originally certified as a class action, but decertified prior to trial.

Cruickshank v. PDQ Automatic Transmissions Parts, Inc., 2007 WL 2188400 (Sacramento Sup. Ct.) Jury rejects plaintiff’s claim that she was wrongfully discharged in violation of public policy for complaining about safety and wage and hour issues and in post-trial proceedings, employer awarded $24,000.00 in costs from the plaintiff.

Torres v. Dixon Family Services, 2002 WL 725585 (Solano Sup. Ct.) Motion for nonsuit granted dismissing lawsuit alleging retaliation under FEHA, defamation and wrongful discharge for alleged whistle blowing in violation of Labor Code section 1102.5.

Fister, et al. v. Regis Corp., 1998 WL 866033 (Los Angeles Sup. Ct.) Nominal verdict for two plaintiffs who alleged wrongful termination in violation of public policy where their employer required them to pay for a missing bank deposit.

Hall v. Pacific Access Computers, 1996 WL 588565 (Sacramento Sup. Ct.) Jury verdict for employer on wrongful termination, violation of public policy, and defamation allegations.

Frey v. Alldata Corporation, 895 F.Supp. 221 (E. D. Wis. 1995) Jury, and then judge in post-trial motion proceeding, rejected claim brought under the Americans with Disabilities Act, as well as plaintiff’s requests for injunctive relief and attorney’s fees.

Reed v. Raley’s, Inc. et. al, 1992 WL 12146125 (Sacramento Sup. Ct.) Motions for nonsuit granted as to all defendants where the plaintiff alleged wrongful demotion, breach of implied-in-fact contract, and interference with contractual relations.

Everett v. Christensen Boler & Co. 1988 WL 1096991 (Solano Sup. Ct.) Jury rejects plaintiff’s allegations of sexual harassment, wrongful termination, negligent infliction of emotional distress and race discrimination.

Employment Law Arbitration

Atkinson v. Scottpolar Co. (1995) (Kagel, Arb.) Discharged employee’s claims for breach of employment contract rejected, and employer’s counterclaim for reimbursement of monies it paid for letters of credit based on the plaintiff’s post-termination conduct granted.

Savoca et. al v. El Dorado Savings & Loan Association, 1988 WL 1097040. Claims by two plaintiffs alleging sex and age discrimination, breach of implied covenant of good faith and fair dealing, emotional distress and constructive discharge, rejected.

Trials Before Administrative Agencies

DFEH v. Lucky Cafe (1991 CAFEHC LEXIS 7). California Fair Employment and Housing Commission dismissed allegations in Accusation issued by DFEH that four waitresses were subjected to unlawful sexual harassment by the owner of a restaurant.

DFEH v. Valley Core Co. (1987 CAFEHC LEXIS 5). California Fair Employment and Housing Commission reduced amount of back pay awarded by ALJ to complainant who alleged sex discrimination in Accusation issued by DFEH; award of damages for emotional distress struck on petition for writ of mandate in superior court; case then settled for nuisance value at court of appeal before decision.