California Employment Law Notes

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California Employment Law Notes


November 2014

Google Needed To Create Emails As A Result Of Former Employer’s Subpoena

Color negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. Application. 2014)

Navalimpianti USA, Corporation. subpoenaed Google, Corporation. to create copies of e-mail it’d associated with certainly one of Navalimpianti’s former employees, Matteo Color negro. Just before initiating this course of action against Google in condition court in California, Navalimpianti sued Color negro along with other former employees in condition court in Florida for a number of breaches of duty pursuant to some conspiracy that culminated within their entry into competition with Navalimpianti. Following the Florida court issued a purchase directing Color negro to transmit an e-mail to Google consenting to disclosure of his emails, the California Court of Appeal within this opinion determined the consent Color negro specifically gave pursuant towards the Florida court’s order constituted “authorized consent” underneath the Stored Communications Act, rejecting Negro’s assertion of “judicial coercion.”

College Professor Was Correctly Ended For Refusing Fitness-For-Duty Exam

Kao v. The College of Bay Area, 229 Cal. Application. fourth 437 (2014)

Dr. John S. Kao would be a tenured professor at USF who posted a 485-page complaint (along with a 41-page addendum) towards the college alleging race-based discrimination and harassment in the school. Kao wasn’t pleased with the university’s two-page response, that they stated didn’t offer any remedies for that problems he perceived considering that the school employed new faculty people. Soon, other professors grew to become “afraid” of Kao’s behavior, which incorporated sudden bouts of yelling and screaming, unmanageable rage and references to his judo expertise. Kao hit certainly one of his colleagues “forcefully around the shoulder,” billed at another inside a hallway and started answering various people in the college having a “wild cackling laugh.” In reaction, the college conducted an interior analysis and requested Kao to undergo an exercise-for-duty examination (“FFD”) to become conducted by a completely independent physician and also to submit his medical records towards the physician. When Kao declined, the college ended him. Kao sued the college for, amongst other things, disability discrimination, invasion of privacy and attorney. The trial court granted a non-suit against Kao around the attorney claim, along with a jury ruled against him around the remaining claims. A Legal Court of Appeal affirmed, holding the college wasn’t needed to take part in the interactive process before referring Kao to have an FFD since it was Kao’s burden (and not the employer’s) to initiate the interactive process which there is a company necessity to have an FFD within this situation. A Legal Court found “untenable” Kao’s declare that USF had violated the Unruh Civil Legal rights Act given the presence of substantial proof of the best concern that Kao was harmful. A Legal Court also affirmed dismissal from the declare that the college had violated the Confidentiality of Medical Information Act by requiring Kao to submit his medical records towards the independent physician along with the attorney claim because communications about Kao towards the independent physician were qualifiedly fortunate. Finally, a legal court affirmed denial of Kao’s motion in limine to exclude evidence he had unsuccessful to mitigate his damages by not seeking work outdoors a college setting. See also EEOC v. Peabody W. Coal Co., 768 F.3d 962 (ninth Cir. 2014) (mining leases that need employer to opt for “Navajo Indians” don’t violate Title VII’s prohibition against national origin discrimination).

Liability For Employer’s Harassment, False Jail time Of Employees Wasn’t Covered With Insurance

Jon Davler, Corporation. v. Arch Ins. Co., 229 Cal. Application. fourth 1025 (2014)

After among the proprietors of Jon Davler, Corporation. (Christina Yang) found a second hand sanitary napkin within the women’s bathroom and bloodstream round the toilet seat, she began yelling in the employees that they are “dirty” and required to understand which ones was on her behalf period. Once the employees denied these were on their own menstrual period, Yang instructed another female worker (against her will) “to consider each one of the employees in to the bathroom, one at a time, and appearance their panties to determine who had been on their own period, by requiring each to drag lower her pants and under garments to have an inspection.” Unsurprisingly, the workers introduced suit against Jon Davler and Yang for sexual harassment, invasion of privacy and false jail time. Jon Davler tendered the experience to the insurer, Arch Insurance, which denied coverage according to a work-related practices exclusion, which triggered this insurance policy suit by Jon Davler against Arch. The trial court sustained Arch’s demurrer towards the complaint, and also the Court of Appeal affirmed dismissal from the action, holding the employment practices exclusion applied. See also Baek v. Continental Cas. Co., 230 Cal. Application. fourth 356 (2014) (massage therapist’s alleged sexual assault against client wasn’t covered under therapeutic massage center’s comprehensive general insurance policy).

Worker Wasn’t Acting Within Scope Of Employment While Driving Home From Work

Lobo v. Tamco, 178 Cal. Rptr. 3d 515 (Cal. Ct. Application. 2014)

Deputy Daniel Lobo, a San Bernardino County deputy sheriff, was wiped out because of the allegedly negligent operation of an automobile by Luis Del Rosario, who had been departing the premises of his employer (Tamco) to visit home during the time of the collision. A jury came back a unique verdict that Del Rosario wasn’t acting inside the course and scope of his employment during the time of the accident, and judgment was joined in support of Tamco. A Legal Court of Appeal affirmed, holding the verdict was based on substantial evidence because Del Rosario’s infrequent utilization of his vehicle for Tamco business didn’t confer an adequate help to the business in order to allow it to be reasonable to want the business to deal with the price of the employee’s negligence when operating the automobile.

Worker Who Used False SSN To Acquire Employment Was Correctly Deported

Hernandez de Martinez v. Holder, 2014 WL 5394445 (ninth Cir. 2014) (per curiam)

Graciela Hernandez de Martinez, a local and citizen of Mexico, petitioned for overview of your final order of removal in the U . s . States. The Board of Immigration Appeals held that they was statutorily ineligible for cancellation of removal due to her conviction for breach of the Arizona statute prohibiting criminal impersonation by presuming an incorrect identity using the intent to swindle another. Hernandez de Martinez contended that her conviction didn’t categorically involve moral turpitude because she’d used an incorrect Ssn to acquire employment and “not for anything dubious.” The U . s . States Court of Appeals for that Ninth Circuit could not agree, holding that crimes exactly like it that need an intent to swindle always involve moral turpitude.

Worker Who Falsified Timesheets Was Ineligible For Unemployment Benefits

Irving v. CUIAB, 229 Cal. Application. fourth 946 (2014)

Jim L. Irving who labored like a probationary heavy trucker for the la Unified School District was ended for, amongst other things, taking excessively lengthy breaks and falsifying his time records. A Legal Court of Appeal determined that Irving had committed misconduct and it was thus ineligible for unemployment benefits as he required excessive breaks and falsely documented their duration within the school district’s time records.

Court Correctly Enjoined Plaintiffs’ Lawyers From Disbursing $5 Million In Charges Privately

Lofton v. Wells Fargo Mortgage, 2014 WL 5358364 (Cal. Ct. Application. 2014)

The Initiative Law Group (“ILG”) symbolized greater than 600 plaintiffs inside a class action lawsuit filed in La against Wells Fargo which was initially certified after which was later decertified. After decertification, ILG ongoing to represent the plaintiffs within their individual lawsuits against Wells Fargo. An identical class action lawsuit (by which separate counsel symbolized the category) was pending in Bay Area. Both cases settled throughout a joint mediation, along with a $six million common fund settlement was setup for ILG and it is clients. In the preliminary approval hearing for that settlement, the trial court was told that ILG’s clients who have been people from the Bay Area class would opt from the class action lawsuit. However, following the hearing, ILG aided its class member clients in taking part in the $19 million class action lawsuit settlement as opposed to the $six million common fund, which ILG later described to the clients it “thought” symbolized attorney’s charges owed to ILG. After an intervenor objected, ILG decided to pay $1,750 to every of their clients in the $six million common fund, departing as many as $4.95 million to become given to ILG. Upon learning from the situation, the trial court issued a brief restraining order requiring, amongst other things, that ILG deposit the funds inside a secure escrow account. A Legal Court of Appeal affirmed the TRO, noting that “[i]its manifest that ILG meant to effectuate distribution of just about $5 million in charges to itself without court approval. This type of move by lawyers representing a lot of plaintiffs inside a common fund situation seems to all of us unparalleled. It’s fraught with the opportunity of conflicts of great interest, fraud, collusion and unfairness.” See also Hernandez v. Siegel, 230 Cal. Application. fourth 165 (2014) (even without the a contrary agreement, costs and publish-judgment interest fit in with the plaintiff’s attorney the master of the charge judgment).

Type Of Insurance Claims Adjusters Was Correctly Cert

ifiedJiminez v. Allstate Ins. Co., 765 F.3d 1161 (ninth Cir. 2014)

Jack Jiminez and roughly 800 other Allstate employees claimed that Allstate includes a practice or unofficial policy of requiring its claims adjusters to operate delinquent off-the-clock overtime in breach of California law. The district court certified the category with regards to the delinquent overtime, timely payment and unfair competition claims. The low court held the common query of whether Allstate had an “unofficial policy” of denying overtime payments while requiring overtime work predominated over any individualized issues concerning the certain quantity of damages a specific class member could possibly prove. The U . s . States Court of Appeals for that Ninth Circuit affirmed certification, holding the common questions recognized by the district court contained the “glue” essential to state that “examination of all of the class members’ claims for relief will create a common response to the important questions” elevated within the complaint. A Legal Court rejected Allstate’s contention that it absolutely was denied its due process legal rights by plaintiffs’ utilization of record sampling, holding the district court had recognized a kind of record analysis that is capable of doing resulting in a good resolution of Allstate’s liability which preserved the legal rights of Allstate to provide its damages defenses with an individual basis.

Federal Law Doesn’t Preempt Meal And Rest Break Needs For Motor Carrier Employees

Godfrey v. Oakland Port Servs. Corp., 2014 WL 5439289 (Cal. Ct. Application. 2014)

Plantiffs Lavon Godfrey and Gary Gilbert initiated this class action lawsuit against AB Trucking, alleging that AB didn’t pay its motorists for those hrs labored, misclassified some motorists as non-worker trainees whom it didn’t pay whatsoever, and unsuccessful to supply needed meal and rest breaks. The trial court certified the category, and also the situation began to some bench trial where plaintiffs won and were awarded $964,557 plus attorney’s charges, costs and sophistication representative enhancements. A Legal Court of Appeal affirmed, holding the Federal Aviation Administration Authorization Act of 1994 doesn’t preempt California’s meal and rest break needs. A Legal Court further held the class was correctly certified which the damages model was based on substantial evidence. See also Solus Indus. Innovations, LLC v. Superior Court, 229 Cal. Application. fourth 1291 (2014) (federal law preempts district attorney’s reliance upon the Unfair Competition Law to deal with workplace safety violations).

Parent Corporation Might Have Liability For Nonpayment Of Wages

Castaneda v. The Ensign Group, Corporation., 229 Cal. Application. fourth 1015 (2014)

John Castaneda filed a class action lawsuit with respect to themself along with other cnas against Ensign for delinquent minimum and overtime wages. He alleges that Ensign may be the alter ego from the Cabrillo Rehabilitation and Care Center, a nursing facility that Ensign owns. The trial court granted Ensign’s motion for summary judgment, however the Court of Appeal reversed, holding there was sufficient evidence that Ensign worked out control of Cabrillo’s operation and employees which Ensign had guaranteed statements in the SEC 10-k form, among other areas, it functions like a resource and offers centralized it, human sources, accounting and payroll services to the “cluster companies,” including Cabrillo. See also Dynamex Ops. West, Corporation. v. Superior Court, 2014 WL 5173038 (Cal. Ct. Application. 2014) (type of motorists was correctly certified according to IWC meaning of worker regarding claims falling inside the scope of Wage Order No. 9).


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