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Leong v. Potter
Former postal employee failed to exhaust remedies as to disability discrimination claim and did not demonstrate prima facie case of Title VII discrimination.
Employment Law Jan. 7, 2004
Liu v. Amway Corp.
Employer's denial of maternity leave extensions to plaintiff were in violation of her rights under the FMLA.
Employment Law Jan. 7, 2004
Betancourt v. Storke Housing Investors
Enforcement of mechanics' lien, filed by construction laborers for unpaid contributions to their benefit plan, isn't preempted by ERISA.
Employment Law Dec. 15, 2003
Rivera v. Workers' Compensation Appeals Board
Injured employee was entitled to receive payments of periodic disability indemnity in lump sum.
Employment Law Dec. 12, 2003
Wal-Mart Stores Inc. v. Workers' Compensation Appeals Board
Employee who worked less than six months was not entitled to workers' compensation for injury to psyche.
Employment Law Dec. 12, 2003
Granite Construction Co. v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board acted beyond its jurisdiction when it awarded additional benefits to respondent after statutory period had run.
Employment Law Dec. 12, 2003
Collins v. Overnite Transportation Co.
Truck drivers are exempt from overtime requirements of state wage law.
Employment Law Dec. 11, 2003
Perez v. County of Santa Clara
Prison nurse failed to establish case of racial discrimination and retaliation.
Employment Law Dec. 9, 2003
Sheffield v. Dept. of Social Services County of Los Angeles
Whether hostile work environment existed was factual question for trier of fact to resolve.
Employment Law Dec. 5, 2003
Ali v. L.A. Focus Publication
Newspaper columnist who was fired after publicly criticizing mayoral candidate may sue for wrongful termination.
Employment Law Dec. 5, 2003
Sahlolbei v. Providence Healthcare Inc.
Hospital was required to hold hearing before terminating physician's staff privileges.
Employment Law Dec. 4, 2003
Schifando v. City of Los Angeles
Before city employee files suit, administrative remedies provided under Fair Employment and Housing Act and City Charter must be exhausted.
Employment Law Dec. 2, 2003
Salazar v. Diversified Paratransit Inc.
California Fair Employment and Housing Act does not create employer liability when non-employee client or customer sexually harasses employee.
Employment Law Dec. 2, 2003
Carter v. California Dept. of Veterans Affairs
Veterans' hospital is not liable under state law for harassing conduct of patient.
Employment Law Dec. 2, 2003
Hernandez v. Hughes Missile Systems Co.
Company's policy not to rehire employees who resigned due to violations of personal conduct rules violates ADA, as applied to rehabilitated drug addicts.
Employment Law Dec. 2, 2003
Equal Employment Opportunity Commission v. Pacific Maritime Assn.
Shipping association that dispatched assignments was not joint employer of worker alleging sexual harassment.
Employment Law Dec. 2, 2003
Raytheon Co. v. Hernandez
Employer may not be liable for refusing to rehire employee who had been forced to resign for using cocaine.
Employment Law Dec. 2, 2003
McDaneld v. Eastern Municipal Water District Board
Employer could properly terminate worker based on reasonable belief he was misusing his family leave.
Employment Law Nov. 26, 2003
Palmer v. Regents of the University of California
University employee alleging retaliation must exhaust internal grievance procedures before filing lawsuit.
Employment Law Nov. 26, 2003
Johnson v. County of Fresno
County may be liable for sexually harassment committed by employee despite being dismissed from lawsuit.
Employment Law Nov. 25, 2003
Grant v. Comp USA Inc.
Employee alleging discrimination was entitled to sue when agency failed to issue right-to-sue letter within year of filing of complaint.
Employment Law Nov. 21, 2003
Escalante v. Wilson's Art Studio Inc.
Employer may terminate at-will employee for engaging in self-defense when retreat was possible.
Employment Law Nov. 21, 2003
Dept. of Health Services v. Superior Court (McGinnis)
'Burlington/Faragher' defense for employers does not apply to sexual harassment suits brought under California Fair Employment and Housing Act.
Employment Law Nov. 21, 2003
Vasquez v. County of Los Angeles
Deputy probation officer failed to establish discrimination on basis of national origin.
Employment Law Nov. 21, 2003
EEOC v. Luce, Forward, Hamilton & Scripps
Caselaw prohibiting employers from requiring applicants to sign arbitration agreements is overruled.
Employment Law Nov. 17, 2003
Hastings v. Dept. of Corrections
Employee seeking accommodation is not entitled to reassignment to position in different civil service classification without first complying with competitive examination process.
Employment Law Oct. 24, 2003
Fraser v. Goodale
In action against her employer, plaintiff presented genuine issue of material fact that her diabetes significantly limits major life activity of eating.
Employment Law Oct. 22, 2003
Bell v. Clackamas County
Sheriff's office is liable for retaliation against African-American deputy.
Employment Law Oct. 21, 2003
Taybron v. City and County of San Francisco
In sexual harassment action, district court erred in finding that there is no genuine issue of material fact regarding issue of remediation.
Employment Law Oct. 21, 2003
Manatt v. Bank of America
Although 42 U.S.C. Section 1981 encompasses retaliation and hostile work environment claims, plaintiff failed to prove co-worker's actions were sufficiently severe.
Employment Law Oct. 16, 2003