In Hernandez v. Rancho Santiago Community College District, the Court of Appeal affirmed a lower court decision holding that an employer failed to reasonably accommodate Plaintiff’s temporary total disability and did not engage in a good faith interactive process with Plaintiff to determine
Employers May Not Consider Prospective Employees’ Former Salaries When Setting Wage Differentials
In Rizo v. Yovino, the 9th Circuit considered the text of the Equal Pay Act, 29 U.S.C. Section 206(d)(1). The relevant section states that employers may not discriminate against employees on the basis of sex by paying men and women different wage rates except where such payments are made pursuant to
Temporary Staffing Agency Found Not Liable For Failure To Enforce Required Meal Breaks
In Serrano v. Aerotek, Inc., the Court of Appeal affirmed a lower court decision in holding that a temporary staffing agency satisfied its obligation under Section 226.7 of the Labor Code to provide meal breaks. The Court reasoned that Aerotek provided employees with a handbook that set forth the
California Supreme Court Weights In On How To Calculate Per-Hour Value Of A Flat-Sum Bonus
In Alvarado v. Dart Container Corporation of California, the Supreme Court of California held that the per-hour value of a flat-sum bonus earned during a single pay period should be calculated, for the purpose of determining the employee’s overtime compensation, by dividing the amount of the bonus
The EDD Must Pay Erroneously Withheld Unemployment Benefits At A Rate Of 10 Percent Interest
In Brown v. California Unemployment, the Court of Appeals overturned a lower court’s determination that unemployment benefits wrongfully withheld from Plaintiff by the Employment Development Department (EDD) must be paid at an interest rate of 7 percent. The Court clarified that 10 percent is the
Absence Of A Valid Constructive Discharge Claim Does Not Preclude A Finding Of Discrimination
In Simers v. Los Angeles Times Communications, the Court of Appeal affirmed a lower court decision setting aside a jury verdict finding for Plaintiff on a constructive termination claim. Plaintiff was a prominent sports columnist for the Los Angeles Times who was demoted from his position and placed
A Physiological Cause Must Be Shown To Prevail On Obesity-Related Discrimination Claims Under The FEHA
In Cornell v. Berkeley Tennis Club, the Court of Appeal considered various causes of action brought by a former employee of Berkeley Tennis Club, including claims for disability discrimination, failure to accommodate her disability, and disability harassment under the Fair Employment and Housing Act
Appellate Court Vacates Lower Court Decision Bifurcating A PAGA Claim
In Lawson v. ZB, NA, the Court of Appeal issued a writ directing the trial court to vacate its order bifurcating the underpaid wages portion of Plaintiff’s claim brought under the Private Attorney Generals Act (PAGA) and compelling Plaintiff to arbitrate that portion of the claim. The Court noted