Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
70 Cards in this Set
- Front
- Back
|
Advanced Tech Security Services v/ Superior Court
|
Employer who pays premium wage of 1.5 times regular rate of pay for holidays may credit the extra holiday premium toward OT under both Fed and State law
|
|
|
Armendariz v/ Foundation Health Psychcare
|
Seminal case stating CA standards required to enforce a mandatory arbitration agreement
|
|
|
Avila v/ Continental Airlines
|
Employee gave sufficient CFRA notice by providing medical form to manager on duty
|
|
|
Barbee v/ Household Finance Corp
|
Held that FEHAs command employers take reasonable steps to prevent harassment justified an employer's policy against workplace romances and permitted termination of employees who violated the policy
|
|
|
Barnes v/ WCAB
|
Labor Code Section 132a not violated when based on business necessity employees were replaced while on leave
|
|
|
Barnhill v/ Robert Saunders
|
Reimbursement of employer may to be made by set-off against final paycheck
|
|
|
Barton v/ New United Motor Mfg
|
Employee terminated for protesting unsafe working conditions may sue for wrongful termination in violation of a public policy
|
|
|
Brinker Restaurant Corp v/ Superior Court of San Diego
|
Employer required to provide meal and rest break but given flexibility with regard to scheduling and employee waiver. Review granted by CA Supreme Court and then decertified
|
|
|
Burlington Northern & Santa Fe v/ White
|
Clarified the "deterrence test' for retaliation by holding that suspension without pay could be an adverse employment action if it would deter an employee from engaging in a protected activity
|
|
|
Cabiusuela v/ Browning Ferris
|
Employee can sue for alleged termination following complaints of unsafe working conditions created by truck drivers being required to work more than 12hrs per day & more than 60 days per week Labor Code 6310 employer discharged employee who spoke about driver working hours as a workplace safety concern
|
|
|
Carter v/ CB Richard Ellis
|
Discussion of statistical evidence required to sustain disparate impact age claim under FEHA
|
|
|
Carter v/ CA Dept of Veteran Affairs
|
Clarifying FEHA protection of employee against harassment by third parties
|
|
|
City of Moorpark v/ Superior Court
|
Worker's comp isn't exclusive remedy for disability discrimination claims stemming from work related injury and employee may sue under FEHA for disability based discrimination
|
|
|
City of Oakland v Hassey
|
Contract to repay training costs is enforceable; withholding of training costs against final paycheck which reduced pay for final period worked below minimum wage and constituted an impermissible set off
|
|
|
Claudio v Regents of University of CA
|
Requiring interactive process with disabled employee even after extended leave of absence already provided as a reasonable accommodation
|
|
|
Colmenares v/ Braemer Country Club
|
Clarifying broader definition of disability under FEHA than under federal ADA: Physical or mental impairment limiting a major life activity. ADA says "substantially limit"
NO regard to corrective measure IE eyeglasses |
|
|
Conley v/ Pacific Gas & Electric
|
Vacation accrual may be deducted in less than full day increment without impacting OT exemption status
|
|
|
Cotran v/ Rollings Hudig Hall Intl
|
Addressing FEHA standards relating to harassment and harassment investigations
|
|
|
DeVillers s/ County of San Diego
|
County employer was not civilly liable for the employees murder of her spuse notwithstanding the fact she wa not drug tested or subjected to a background check before being hired into a job at the medical examiner's office where she had access to controlled substances, learned of the means to accomplish the crime and stole the drugs used to kill her husband after he confronted her about her affair with her supervisor
|
|
|
Doney v/ TRW inc
|
Workers' comp exclusive remedy rule barred action brought against TRW and it's subsidiary ESL by relatives of several ESL employees who were the victims of an unforeseeable violent rampage by a former ESL employee
|
|
|
EEOC v/ Luce, Forward, Hamilton
|
Federal court decision applying and refining standards for mandatory arbitration agreements
|
|
|
Eicher v/ Advanced Business Integrators
|
Employee who is engaged in the core day-to-day business and has no personal effect on policy or general business operations was not exempt
|
|
|
Faust v/ CA Portland Cement
|
Failure to provide CFRA notice precluded adverse action against employee
|
|
|
FEHC v/ Gemini Aluminum Corp
|
Clarifying that the duty to reasonably accommodate an employee's request for schedule modification to permit a religious observance is not limited to accommodating only required religious observances and employer should focus instead on whether the requested accommodation can be reasonably granted without undue hardship
|
|
|
Franklin v/ Monadnock
|
Labor Code 6310 reflects public policy of the state; employee who complains of threats of violence by coworker entitled to protection from discrimination and retaliation
|
|
|
Gattuso v/ Harte Hands Shoppers
|
Employee mileage expense may be reimbursed by any one of the 3 means; IRS rate, Actual expense, Lump sum method
|
|
|
Felfo v/ Lockheed Martin
|
Requiring interactive process with employee who is not disabled but whom employer regards as disabled
|
|
|
Gonzales s/ Raich
|
Upholding constitutionality of Controlled Substances Act under federal commerce clause not withstanding contrary state law of CA regarding medical marijuana
|
|
|
Gonzalez v/ Beck
|
If employee chooses to pursue administrative claim with the Labor Commissioner the employer must appear before the Labor Commissioner and cannot elect to go directly to Superior Court
|
|
|
Grant-Burton v/ Covenant Care
|
Wrongful termination claim based on policy of Labor Code 232 where the employer discharged the employee partly due to employee speaking about he fairness of the employer's bonus system
|
|
|
Harris v/ Superior Court
|
Insurance claims adjusters are engaged predominantly in day to day production therefore are not exempt
|
|
|
Hentzel v/ Singer
|
Employee who makes good-faith complaint of working conditions or practices that he reasonably believes to be unsafe (cigarette smoke) is entitled to protection from retaliatory discharge even though there is no actual violation of an OSHA standard or order
|
|
|
Issa v/ Roadway Package Sys
|
Jury initially awarded $61M to two individuals claiming harassment where the employer failed to provide harassment training and failed to take appropriate investigatory and remedial actions when it became aware of harassment complaints
|
|
|
Jameson v/ Five Feet Restaurant
|
Tips belong to employees; manager who acts as agent of employer cannot share in tip pool
|
|
|
Jenkins v/ Riverside County
|
Temporary employee held to be not entitled to reassignment to position as reasonable accommodation of a wrist injury where such reassignment would infringe on the seniority rights of a regular employees and violate a county ordinance
|
|
|
Jordan v/ WCAB
|
Providing guidance on minimum prerequisites before terminating an employee on worker's comp leave
|
|
|
Kelton v/ Stravinksi
|
REVIEW Denied
|
|
|
Little v/ Amway Corp
|
Supervisor's pressuring of employee on pregnancy leave to reduce leave time and discouraging use of family leave violated employee's rights; evidence supported inference that employee's protected leave was a factor in termination
|
|
|
Lonicki v/ Sutter Health Central
|
CFRA doesn't require that an employee is unable to work in any job to be eligible and employer may dispute employee's serious health condition in lawsuit even though employer did not invoke CFRA's dispute resolution mechanism of having health-care provider jointly chosen by parties make determination at time of leave request
|
|
|
Lujan v/ Minagar
|
Held that policy of Labor Code 6310 prevents discharge of employee who never made a safety complaint in circumstances where employer action was arguably motivated by fear employee was about to make such a complaint
|
|
|
Lyle v Warner Brothers TV Productions
|
Holding that sexually coars and vulgar language not directed at employee and not targeting females was not sufficient to state a FEHA harassment claim in context of a TV script writing work environment
|
|
|
McDonald v/ Eastern Municipal Water District Board
|
Employer's good faith belief that employee misused family leave supported termination
|
|
|
Miller v/ Dept of Corrections
|
Holding that a FEHA harassment claim could be brought by female employee who was not asked to perform sexual favors or directly harassed but where supervisor had numerous affairs that created work environment in which women were viewed as sexual playthings
|
|
|
Morillion v/ Royal Packing Co
|
Time spent traveling from required meeting place to actual place of work where employee is required to use employer's bus is considered "time worked"
|
|
|
Murphy vs/ Kenneth Cole
|
Meal and rest break premium of 1 hour pay at the regular rate for each missed meal or rest break constitutes a wage, subject to a three year statute of limitations
|
|
|
Jordan v/ WCAB
|
Providing guidance on minimum prerequisites before terminating an employee on worker's comp leave
|
|
|
Kelton v/ Stravinksi
|
REVIEW Denied
|
|
|
Little v/ Amway Corp
|
Supervisor's pressuring of employee on pregnancy leave to reduce leave time and discouraging use of family leave violated employee's rights; evidence supported inference that employee's protected leave was a factor in termination
|
|
|
Lonicki v/ Sutter Health Central
|
CFRA doesn't require that an employee is unable to work in any job to be eligible and employer may dispute employee's serious health condition in lawsuit even though employer did not invoke CFRA's dispute resolution mechanism of having health-care provider jointly chosen by parties make determination at time of leave request
|
|
|
Lujan v/ Minagar
|
Held that policy of Labor Code 6310 prevents discharge of employee who never made a safety complaint in circumstances where employer action was arguably motivated by fear employee was about to make such a complaint
|
|
|
Pang v/ Beverly Hospital
|
Employees time off to help elderly mother to move to apartment did not constitute caring for a family member under CFRA
|
|
|
Pattern v/ Grant Joint Union High School
|
Internal transfer held to constitute adverse employment action under materiality test because there was a evidence transfer was unfavorable
|
|
|
Prachasaisoradej v/ Ralphs Grocery
|
Profit based incentive compensation plans upheld
|
|
|
Reeves v/ Safeway Stores
|
Retaliation claim can go to jury even though ultimate employment decision maker was unaware of protected activity because disciplinary process leading to termination was influenced by supervisor with arguably retaliation CAT PAW Theory
|
|
|
Reynolds v/ Bement
|
Individual managers and supervisors are not liable for the failure to pay overtime under Labor code 210
|
|
|
Ross v/ RagingWire Telcomm
|
Will decide whether FEHA prohibits discrimination against users of medical marijuana
|
|
|
Schachter v. Citicorp
|
Forfeiture of "unvested" shares and premiums to purchase shares by employees through employee stock purchase plan was permissible as premiums had never been earned by employee
|
|
|
Six Flags v/ WCAB
|
Labor Code Unconstitutional that required employer to pay deceased worker estate
|
|
|
Smith v/ Superior Court
|
Employee hired to work on a job assignment of short duration is entitled to be paid wages immediately upon discharge that occurs when assignment is completed
|
|
|
State Department of Health Services v/ Superior Court
|
Rejecting federal affirmative defenses for FEHA harassment claims but adopting damages limitation to exclude "avoidable consequences" of harassment
|
|
|
Stevens v/ CA Department of Corrections
|
Employees request for vacation time to visit his ailing parents constituted insufficient notice to trigger protections of CFRA
|
|
|
Suastez v/ Superior Court
|
Accrued paid vacation is "earnings" and cannot be foreited
|
|
|
Sullivan v/ Oracle Corp
|
CA employer required to pay nonresident employees under CA daily OT laws for time worked
|
|
|
Tomlinson v/ Qualcomm
|
Court upheld employee's layoff that occurred during family leave
|
|
|
Stevens v/ CA Department of Corrections
|
Employees request for vacation time to visit his ailing parents constituted insufficient notice to trigger protections of CFRA
|
|
|
Suastez v/ Superior Court
|
Accrued paid vacation is "earnings" and cannot be foreited
|
|
|
Sullivan v/ Oracle Corp
|
CA employer required to pay nonresident employees under CA daily OT laws for time worked
|
|
|
Tomlinson v/ Qualcomm
|
Court upheld employee's layoff that occurred during family leave
|
|
|
US v/ Oakland Cannabis Buyers
|
Holding that there is no "medical necessity" exception to the federal Controlled Substances Act, thus no protection against federal prosecution for those who handle marijuana under CA Compassionate Use Act
|
|
|
Yanowitz v/ L'Oreal
|
Clarified the "materiality" test for retailiation by holding that sufficiently material adverse action can be found without termination, discipline, demotion, transfer, or any other change in employment terms but where evaluations turned suddenly negative and other employer conduct arguably showed retaliation motive
|
