In Henderson v. Equilon Enterprises, the Court clarified which employment test applied to which situation. The Court noted that the ABC test adopted by the California Supreme Court in Dynamex Operations West v. Superior Court addresses claims that workers have been misclassified as independent
Court Clarifies Standard For Retaliation Claim
In Nejadian v. County of Los Angeles, the Court looked at the standard for prevailing on a retaliation claim. A jury found in favor of plaintiff against his employer, defendant County of Los Angeles, on his causes of action for retaliation in violation of Labor Code section 1102.5, and for
Franchisor (McDonald’s) Is Not The Employer Of Franchisee’s Workers
In Salazar v. McDonald’s Corporation, the Court held that a franchisor (McDonald’s) cannot be classified as an employer of its franchisees’ workers, and also is not an agent of a franchisee who can be held liable for wage-and-hour violations under an ostensible-agency theory. The plaintiff class
Court Permits The Use Of Comparator Evidence
In Gupta v. Trustees of the California State University, the Court looked at when comparator evidence may be used. The Court first noted that comparative evidence is “evidence that the plaintiff was treated differently from others who were similarly situated” but are outside the plaintiff’s
Defendant Can Waive Its Right To Force Arbitration Through Its Conduct, Including Delay.
In Spracher v. Paul M. Zagaris, Inc., the Court addressed whether a party waived its right to compel arbitration. The Court noted that unreasonable delay in seeking arbitration may, standing alone, constitute a waiver of a right to arbitrate. It noted that a party’s actions are inconsistent with a
Arbitration Agreement Language Can Be Broad Enough To Include Disputes Arising Before The Agreement Was Entered Into By The Parties.
In Franco v. Greystone Ridge Condominium, the Court addressed whether a dispute was subject to an arbitration agreement. In March 2018, defendant Greystone’s employees, including plaintiff, were presented with, and asked to sign, an agreement requiring that each employee agree to submit to final and
ERISA Claims Can Be Arbitrated
In Dorman v. The Charles Schwab Corporation, the Court ruled that ERISA claims could be subject to arbitration. A class action suit was brought by a former participant in an ERISA retirement plan, alleging that defendants violated ERISA and breached their fiduciary duties by including certain
Obesity Is Not A Protected Category Under The ADA
In Valtierra v. Medtronic Inc, the Court ruled that obesity was not protected under the Americans with Disabilities Act (“ADA”). The plaintiff claimed that he was terminated from his employment due to his morbid obesity. He claimed that it was disability discrimination in violation of the ADA. The