Sprunk v. Prisma, LLC

A defendant in a putative class action can waive its right to compel arbitration against absent class members by deciding not to seek arbitration against the named plaintiff.

Sprunk v. Prisma, LLC - filed Aug. 23, 2017, Second District, Div. One
Cite as 2017 S.O.S. 4254

For More Information contact us at:
http://beverlyhillsemploymentlaw.com/

Alamillo v. BNSF Railway Co.

A worker could not establish a prima facie case that his disabling condition was a motivating reason for his termination when his employer did not know he was disabled when the decision to initiate disciplinary proceedings was made. An employer did not engage in unlawful discrimination by declining to alter its decision to discipline a worker for his absenteeism after learning of a worker's diagnosis with a disabling condition when there was no evidence that his disabling condition was a direct cause of his work absences.

Alamillo v. BNSF Railway Co. - filed Aug. 25, 2017
Cite as 2017 S.O.S. 15-56091

For more information contact us at:
http://beverlyhillsemploymentlaw.com/

Aviles-Rodriguez v. Los Angeles Community College District

The one-year limitations period to file a Department of Fair Employment and Housing complaint for wrongful denial of tenure, resulting in employment termination, begins to run from the last day of employment.

Aviles-Rodriguez v. Los Angeles Community College District - filed Aug. 29, 2017, Second District, Div. Four
Cite as 2017 S.O.S. 4411

For More Information contact us at:
http://beverlyhillsemploymentlaw.com/

Kennedy v. Bremerton School District

A public school employee engaged in demonstrative speech in his capacity as a public employee by kneeling and praying on the school football field immediately after games, in school logoed-attire, while in view of students and parents. Because the employee's demonstrative speech occurred while he was acting in his official capacity, his speech was not protected by the First Amendment.

Kennedy v. Bremerton School District - filed Aug. 23, 2017
Cite as 2017 S.O.S. 16-35801

For more information visit us at:
http://beverlyhillsemploymentlaw.com/

OTO, LLC v. Koh

An arbitration agreement containing a waiver of the wage claim provisions of the Labor Code is not unconscionable so long as the resulting arbitration procedure is affordable and accessible. An agreement is not unconscionable because it does not expressly inform a worker that the employer will pay the arbitral costs of a wage claim. The absence of representation by the labor commissioner does not make arbitration unaffordable. An arbitration proceeding that would resemble ordinary civil litigation is still accessible. An arbitration agreement's failure to designate a manner of commencing arbitration does not render the agreement unconscionable. An employer's delay in asserting its right to arbitrate does not waive its right to avoid a Berman hearing absent a showing of prejudice.

OTO, LLC v. Koh - filed Aug. 21, 2017, First District, Div. One
Cite as 2017 S.O.S. 4177

For more information contact us at:
http://beverlyhillsemploymentlaw.com/

McKeen-Chaplin v. Provident Savings Bank

Mortgage underwriters were entitled to overtime compensation for hours worked in excess of 40 per week, because their primary duty did not relate to the management or general business operations of their employer, a bank. The administrative employee exemption to the Fair Labor Standards Act Act's overtime requirements therefore did not apply.

McKeen-Chaplin v. Provident Savings Bank - filed July 5, 2017
Cite as 2017 S.O.S. 15-16758

For More Information contact us at:
http://beverlyhillsemploymentlaw.com/

Demetris v. Transport Workers Union of America

A labor union's decision to distribute the proceeds of a bankruptcy settlement to all of its members unevenly did not violate its duty of fair representation because the union's conduct was not arbitrary, discriminatory, or in bad faith.

Demetris v. Transport Workers Union of America - filed July 5, 2017
Cite as 2017 S.O.S. 15-15229

For More information contact us at:
http://beverlyhillsemploymentlaw.com/