Contributors

Friday, December 20, 2019

Doe v. Department of Corrections and Rehabilitation

An employee’s discrimination and retaliation claims under the Fair Employment and House Act fail if he presents no evidence that he was subjected to an adverse employment action; an employee’s decision to take a medical leave is not an adverse employment action where he voluntarily took the leave and was paid during the time off. The FEHA was not designed to make workplaces more collegial; its purpose is to eliminate more insidious behavior like discrimination and harassment based on protected characteristics. An employee’s failure to provide his employer with information about the nature and extent of his claimed disabilities is fatal to his interactive process and accommodation claims.

Doe v. Department of Corrections and Rehabilitation - filed Nov. 27, 2019, publication ordered Dec. 19, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 4424

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Thursday, December 19, 2019

Safeway Wage and Hour Cases

An employment task does not become exempt merely because the manager undertakes it in order to contribute to the smooth functioning of the store. While a factfinder must categorize concurrent performance of exempt and nonexempt work based on the manager’s purpose in undertaking the activity, there is no requirement that the concurrent performance of exempt and nonexempt activities must be considered nonexempt.

Safeway Wage and Hour Cases - filed Dec. 18, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 4368

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Monday, December 16, 2019

Mathews v. Happy Valley Conference Center, Inc.

The addition of the word person to Government Code §12940(h) was to ensure that the catch-all retaliation subdivision included all entities covered by the preceding subdivisions; there is no legislative history indicating the Legislature also intended by that addition to allow an employee fired by a religious entity employer to circumvent the religious entity exemption by characterizing the employer as a person for purposes of a retaliation suit. Punitive damages are recoverable for a violation of the whistleblower statute.

Mathews v. Happy Valley Conference Center, Inc. - filed Dec. 12, 2019, Sixth District
Cite as 2019 S.O.S. 4252

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Tuesday, December 3, 2019

Lehman v. Nelson

An ERISA plan amendment violated the plain language of an existing portion of the plan where the amendment specifically created non-benefit contributions and excluded those non-benefit contributions from the definition of contributions for which contributions would need to be made to a temporarily employed union worker’s home pension fund, and the plan mandated that all contributions received on behalf of temporary workers be transferred to the worker’s home fund.

Lehman v. Nelson - filed Dec. 3, 2019
Cite as 2019 S.O.S. 18-35321

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Wednesday, November 27, 2019

Suzanne Sullivan Named Regional Attorney for NLRB’s Region 2, Manhattan Office

National Labor Relations Board General Counsel Peter B. Robb announced the selection of Suzanne Sullivan as the Regional Attorney of the NLRB’s Regional office in Manhattan (Region 2).  

In her new position, Ms. Sullivan will assist Regional Director Jack J. Walsh, Jr., in the administration and enforcement of the National Labor Relations Act, serving the boroughs of Manhattan and the Bronx, and the counties of Orange, Putnam, Rockland and Westchester.

For more information, go to: 

Thursday, November 21, 2019

County of Ventura v. Public Employment Relations Board (SEIU Local 721)

Substantial evidence supported a finding that a county was a joint employer of the employees working for medical clinics owned by private corporations under contract with the county where the county exercised control over compensation and staffing decisions, the county was responsible for the financial aspects of the clinics’ operations, the clinic had control over the conditions of employment, and the clinic controlled the clinic’s operations.

County of Ventura v. Public Employment Relations Board (SEIU Local 721) - filed Nov. 21, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 3731

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Thursday, November 14, 2019

Glynn v. Superior Court (Allergan)

A mistaken application of a legitimate company policy can support a claim for disability discrimination under the Fair Employment and Housing Act. A lack of animus does not preclude liability for a disability discrimination claim

Glynn v. Superior Court (Allergan) - filed Nov. 13, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 3554

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