Daily eBriefs - April 24, 2024

Civil Procedure Where the appellate court’s instructions on remand required the trial court to do more than perform a pure mathematical computation of fees, or add or delete a category of fees, and the trial court had to exercise its discretion to determine an appropriate award of attorney fees, the prior opinion was a reversal, not a modification, and interest on the award runs from the post-remand fee order. Vines v. O’Reilly Auto Enterprises - filed April 24, 2024, Second District, Div. Seven Cite as 2024 S.O.S. 1421 Full text click here >http://sos.metnews.com/sos.cgi?0424//B327821

Daily eBriefs - April 24, 2024

Employment Law The National Labor Relations Board’s cease-and-desist order was final and reviewable even though the board had severed the question of whether to adopt a compensatory remedy for the employer’s conduct where nothing in the order suggested that the severed issue would have any effect on the board’s conclusion regarding the underlying charge. National Labor Relations Board v. Siren Retail (Workers United) - filed April 24, 2024 Cite as 2024 S.O.S. 22-1969 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-1969. Employment A public university did not violate an employee’s due process rights by denying her a Skelly proceeding before she was demoted since the demotion was the result of her voluntary decision to transfer to a lower paying position. LaMarr v. Regents of the University of California - filed April 5, 2024, publication ordered April 23, 2024, Third District Cite as 2024 S.O.S. 1431 Full text click here >http://sos.metnews.com/sos.cgi?0424//C097235.

Daily eBriefs - April 22, 2024

Employment Law A disability-based harassment claim is available under the Americans with Disabilities Act and the Rehabilitation Act. Mattioda v. Nelson - filed April 22, 2024 Cite as 2024 S.O.S. 22-15889 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-15889 Employment Law Nonconvicted incarcerated individuals working in a county jail for a private company do not have a claim for minimum wage and overtime under California law. Ruelas v. County of Alameda - filed April 22, 2024 Cite as 2024 S.O.S. 1377 Full text click here >http://sos.metnews.com/sos.cgi?0424//S277120A

Daily eBriefs - April 19, 2024

Contracts An employer waived its right to compel arbitration in a certified wage and hour class action by unreasonably delaying its motion to compel where the employer did not attempt to enforce its alleged arbitration rights until nine months after Viking River Cruises v. Moriana was decided, and five to six months after the class members signed new arbitration agreements. Semprini v. Wedbush Securities - filed April 18, 2024, Fourth District, Div. Three Cite as 2024 S.O.S. 1353 Full text click here >http://sos.metnews.com/sos.cgi?0424//G062622. Employment Law An employee subject to alleged Labor Code violations by her employer may bring a non-individual or representative PAGA action on behalf of herself and other employees even if she did not file an individual cause of action seeking individual relief for herself. Balderas v. Fresh Start Harvesting - filed March 3, 2024, publication ordered April 18, 2024, Second District, Div. Six Cite as 2024 S.O.S. 1358 Full text click here >http://sos.metnews.com/sos.cgi?0424//B326759.

Employment Law An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. Muldrow v. City of St. Louis, Missouri - filed April 17, 2024 Cite as 2024 S.O.S. 22-193 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-193_q86b.

Daily eBriefs - April 12, 2024

Contracts A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the Federal Arbitration Act. Bissonnette v. LePage Bakeries - filed April 12, 2024 Cite as 2024 S.O.S. 23-51 Full text click here >http://sos.metnews.com/sos.cgi?0424//23-51_6647

Daily eBriefs - April 10, 2024

Contracts Federal Arbitration Act §1’s transportation worker exemption does not extend to business entities or to commercial contracts with delivery service partners. Fli-Lo-Falcon v. Amazon.com - filed April 10, 2024 Cite as 2024 S.O.S. 22-35818 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-35818.