Tuesday, October 2, 2018

Mount Lemmon Fire District v. Guido Oral Argument Transcript

Whether, under the Age Discrimination in Employment Act, the same 20-employee minimum that applies to private employers also applies to political subdivisions of a state, as the U.S. Courts of Appeals for the 6th, 7th, 8th and 10th Circuits have held, or whether the ADEA applies instead to all state political subdivisions of any size, as the U.S. Court of Appeals for the 9th Circuit held in this case.

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Monday, October 1, 2018

Payton v. CSI Electrical Contractors

Trial court did not abuse its discretion in finding that the named plaintiff Payton was not an appropriate class representative based on his criminal record denying leave to substitute another representative in light of the age of the case and the futility of doing so.

Payton v. CSI Electrical Contractors - filed Sept. 28, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 4792

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Atempa v. Pedrazzani

Civil penalties may be assessed for violation of specified overtime pay and minimum wage laws from a person other than the corporate employer that failed to pay the proper wages, where there is no allegation or contention that the alter ego doctrine applies or that there is any other basis on which to pierce the veil of the corporate employer.

Atempa v. Pedrazzani - filed Sept. 28, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4783

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Thursday, September 27, 2018

San Francisco Police Officers' Association v. San Francisco Police Commission

A trial court properly made a determination of arbitrability for a union grievance asserting the city had failed to negotiate in good faith before implementing revisions to its use of force policy where the memorandum of understanding between a city and police union specified that arbitrability was to be determined by a court when a grievance is filed regarding actions the city has reasonably found to be necessary to ensure compliance with state law. The trial court properly concluded that the dispute was not arbitrable since the city's power to regulate the use of force by its police officers is a constitutional right which the city cannot suspend, bargain or contract away.

San Francisco Police Officers' Association v. San Francisco Police Commission - filed Sept. 26, 2018, First District, Div. Two
Cite as 2018 S.O.S. 4759

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Monday, September 24, 2018

Ayon v. Esquire Deposition Solutions

A plaintiff did not create a disputed issue of material fact about an employer's liability under a theory of respondeat superior by simply challenging the defense witnesses' credibility.

Ayon v. Esquire Deposition Solutions - filed Sept. 21, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 4679

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Moss Brothers Toy, Inc. v. Ruiz

A complaint against a defendant for an alleged breach of an arbitration agreement was based on a protected action where the alleged breach was the defendant's act of filing a lawsuit instead of pursuing arbitration for his employment-related claims. Were it not for the defendant's act of filing suit, the plaintiff would have no factual basis for its claims.

Moss Brothers Toy, Inc. v. Ruiz - filed Sept. 20, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 4617

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Monday, September 17, 2018

Nunies v. HIE Holdings, Inc.

The Americans with Disabilities Act Amendments Act expanded the scope of the Americans with Disabilities Act's "regarded-as" definition of disability. Prior to the ADAAA, to sustain a regarded-as claim, the plaintiff had to provide evidence that the employer subjectively believed the plaintiff was substantially limited in a major life activity, but under the ADAAA the plaintiff must show that he has been subjected to a prohibited action "because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity."

Nunies v. HIE Holdings, Inc. - filed Sept. 17, 2018
Cite as 2018 S.O.S. 16-16494

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