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Stevens v. Dept. of Corrections
Employer who refused request for vacation time over Christmas holiday is not liable under family leave law.
Employment Law May 28, 2003
Nord v. Black & Decker Disability Plan
Injured employee who physicians determined could only sit for one hour and lift five pounds is entitled to disability benefits under ERISA.
Employment Law May 27, 2003
Hibbs v. Department of Human Resources
Court errs in concluding that Family Medical Leave Act doesn't contain sufficiently clear expression of congressional intent to abrogate Eleventh Amendment immunity.
Employment Law May 26, 2003
Clackamas Gastroenterology Associates v. Wells
Court must determine whether shareholder-directors of professional corporation are 'employees' under ADA.
Employment Law May 2, 2003
Wells v. Clackamas Gastroenterology Associates P.C.
Physician shareholders are employees of corporation, not partners, therefore, corporation is employer and covered entity for purposes of American With Disabilities Act.
Employment Law Apr. 23, 2003
Cedillo v. Workers' Compensation Appeals Board
Worker injured on roof while working for uninsured contractor is not employee of homeowner.
Employment Law Apr. 15, 2003
Raad v. Fairbanks North Star Borough School District
Plaintiff raised genuine issues of material fact regarding workplace discrimination due to her national origin and religion.
Employment Law Apr. 9, 2003
Walia v. Aetna
Wrongful termination found when employer terminated employee after she refused to sign non-compete agreement.
Employment Law Apr. 9, 2003
Colmenares v. Braemar Country Club Inc.
Definition of disability enacted in 2000 doesn't apply retroactively to disability discrimination case brought in 1997.
Employment Law Apr. 8, 2003
Little v. Auto Stiegler Inc.
Arbitration agreement is enforceable under 'Armendariz' because employee's complaint did not invoke statutory claims.
Employment Law Apr. 8, 2003
Dyack v. Commonwealth of the Northern Mariana Islands
Physician was not member of civil service and thus not entitled to notice of termination or opportunity to respond.
Employment Law Mar. 24, 2003
Shafer v. County of Los Angeles Sheriff's Dept.
Police officer's false statements during worker's compensation deposition were admissible in termination hearing.
Employment Law Mar. 18, 2003
Cucuzza v. City of Santa Clara
City's alleged conduct under Fair Employment and Housing Act did not amount to 'continuing violation.'
Employment Law Feb. 28, 2003
Rieger v. Arnold
In sexual harassment action, employee's prior sexual conduct at workplace is admissible.
Employment Law Feb. 20, 2003
Rudebusch v. Hughes
Pay adjustments awarded to minorities and women raise factual issues as to whether they were remedial.
Employment Law Feb. 18, 2003
Martino v. Workers' Compensation Appeals Board
Injured worker's request for vocational rehabilitation benefits was not barred by statute of limitations.
Employment Law Feb. 4, 2003
Maffei v. Sacramento County Employees' Retirement System
Employee who quit county job before enactment of statute providing reciprocity among retirement systems is eligible for benefits.
Employment Law Feb. 4, 2003
Shephard v. Loyola Marymount University
Student athlete on scholarship is not employee of university for purposes of California Fair Employment and Housing Authority Act.
Employment Law Feb. 3, 2003
Hanna v. Los Angeles County Sheriff's Dept.
Deputy sheriff who was denied disability retirement benefits must be reinstated to former position.
Employment Law Feb. 3, 2003
Lyons v. England
In racial discrimination action against U.S. Navy, prelimitations period claims are time-barred but may be offered as background evidence and proof of intent.
Employment Law Jan. 15, 2003
Ulrich v. City and County of San Francisco
Refusal to accept recission of voluntary resignation does not amount to deprivation of property interest.
Employment Law Jan. 15, 2003
Bui v. AT&T
Employee's malpractice claim for allegedly negligent medical advice is not preempted by ERISA.
Employment Law Jan. 15, 2003
Jebian v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan
Where benefits plan administrator fails to timely decide employee's appeal, 'deemed denial,' judicial review is de novo.
Employment Law Jan. 15, 2003
Alford v. DCH Foundation Group Long Term Disability Plan
Court properly applied 'abuse of discretion' standard when reviewing denial of ERISA benefits.
Employment Law Jan. 15, 2003
Lessard v. Applied Risk Management
Agreement that terminated plaintiffs' medical benefits following company's sale of assets to another, discriminated against persons on disability and medical leave.
Employment Law Jan. 8, 2003
Moosa v. State Personnel Board (California State University, Chico)
University improperly demoted professor with reputation for being demanding of students.
Employment Law Jan. 7, 2003
Vasquez v. County of Los Angeles
In employment discrimination action, objectively tangible harm rather than mere personal preference is required to show adverse employment decision.
Employment Law Dec. 15, 2002
Smith v. Rae-Venter Law Group
Employer not required to pay attorney's fees and costs on appeal where labor commissioner's decision and trial court's decision were essentially identical.
Employment Law Dec. 1, 2002
EEOC v. United Parcel Service Inc.
To show monocular individual's impairment is substantial limitation, impairment must prevent use of eyesight compared with how unimpaired individuals use eyesight in daily living.
Employment Law Nov. 19, 2002
Caloca v. County of San Diego
Police officers are entitled to public hearing to challenge disciplinary recommendation of civilian review board.
Employment Law Nov. 18, 2002