Miller v. Department of Corrections and Rehabilitation - filed Sept. 6, 2024, publication ordered Sept. 23, 2024, Fourth District, Div. Two

An employer was not prohibited from taking adverse employment actions against plaintiff where employer presented evidence plaintiff could not perform the essential duties of her position, plaintiff did not present any evidence to dispute the essential duties of a her position nor did she present any evidence to suggest that her disability-related restrictions would permit her to perform the essential duties of her position. Even if the employer failed to engage in the interactive process and failed to offer a reasonable accommodation, this would not compel the conclusion that it is liable for disability discrimination. A disability retirement in the Public Employees Retirement System is not a reasonable accommodation within the meaning of Government Code §12940(m)(1). Miller v. Department of Corrections and Rehabilitation - filed Sept. 6, 2024, publication ordered Sept. 23, 2024, Fourth District, Div. Two Cite as 2024 S.O.S. 3323 Full text click here >http://sos.metnews.com/sos.cgi?0924//E081230.

Silloway v. City & County of San Francisco - filed Sept. 11, 2024

Employment Law To determine whether employees are compensated on a salary basis, courts must look beyond conclusory language in contracts and similar documents, such as a city’s salary ordinance, to analyze how employees are actually paid; the proper focus for the salary basis test is whether an employee receives a predetermined amount of compensation on a weekly or less frequent basis, irrespective of any promises made in an employment contract. Silloway v. City & County of San Francisco - filed Sept. 11, 2024 Cite as 2024 S.O.S. 22-16079 Full text click here >http://sos.metnews.com/sos.cgi?0924//22-16079.

Adams v. County of Sacramento - filed Sept. 9, 2024

Employment Law The sending of private text messages to two friends during a friendly, casual text message conversation, forwarding offensive racist spam images, and complaining about the images does not constitute a matter of legitimate public concern within the meaning of Pickering v. Board of Education. Adams v. County of Sacramento - filed Sept. 9, 2024 Cite as 2024 S.O.S. 23-15970 Full text click here >http://sos.metnews.com/sos.cgi?0924//23-15970