In CVS Pharmacy v. Super. Ct. (Deluca), the Court addressed under what circumstances can a plaintiff who seeks injunctive relief on behalf of a class of which the plaintiff is not a member obtain precertification discovery to seek out a legitimate plaintiff to support an action for injunctive relief
Labor Code Section 1102.5 Protects Whistleblower
In Cardenas v. M. Fanaian, D.D.S., Inc., the Court analyzed potential whistleblower retaliation claims. After Cardenas reported to the police that a coworker may have stolen her wedding ring at her workplace, she was terminated from her employment as a dental hygienist. Cardenas filed a lawsuit
Sheriff Deputy Can Be Fired For Off-Duty Status Misconduct
In Negron v. Los Angeles County Civ. Serv. Comm, the Court addressed the question whether the Los Angeles County Sheriff's Department can discharge a deputy sheriff for misconduct committed while the deputy was on unpaid, relieved-of-duty status. The Court concluded that the Department had the
PAGA Is Not Preempted By Federal Arbitration Act
In Sakkab v. Luxottica Retail North America, Inc., the Court reversed the district court’s order granting Luxottica Retail North America, Inc.’s motion to compel arbitration of claims and dismissing plaintiff’s first amended complaint, in a putative class action raising class employment-related
Arbitrator To Decide Whether Class Action Relief Is Permitted Under Contract
In Universal Protection Service, LP v. Superior Court (Parnow), the Court of Appeals denied a mandamus petition seeking to set aside an order compelling the employer to submit to arbitration --based on employment agreements drafted by the employer-- including submitting to the arbitrator the issue
Federal Law Controls Issue of Arbitration Under the FAA
In Brennan v. Opus Bank, the Ninth Circuit Court of Appeals held that federal law controlled the issue whether an employment contract dispute was arbitrable where the agreement was covered by the Federal Arbitration Act, and the parties did not clearly and unmistakenly designate that nonfederal
“Death Knell” Doctrine Does Not Apply When PAGA Claim Remains In Trial Court
In Munoz v. Chipotle Mexican Grill, Inc., Court held that the “death knell” doctrine did not apply and a claim was not appealable. Under California law, an order denying a motion to certify all class claims leaving only the named plaintiff’s individual claims in the trial court is an appealable
Employer Should Withhold Payroll Taxes When Paying Judgment After Lawsuit
In Cifuentes v. Costco Wholesale Corporation, Cifuentes won a judgment for lost wages against his former employer, Costco. Costco withheld federal and state payroll taxes from the award when paying it. Cifuentes claimed the judgment was not satisfied, citing the decision in Lisec v. United Airlines,