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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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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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: 

http://www.beverlyhillsemploymentlaw.com/

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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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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O’Grady v. Merchant Exchange Productions, Inc.

A service charge may be a gratuity that Labor Code §3511 requires to go only to the non-managerial employees involved with the actual serving of the food and beverages at an event.

O’Grady v. Merchant Exchange Productions, Inc. - filed Oct. 31, 2019, First District, Div. Two

Cite as 2019 S.O.S. 3399

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Carroll v. City and County of San Francisco

An unlawful employment practice occurred each time a worker received an allegedly discriminatory disability retirement check, such that a new limitations period applies to each allegedly discriminatory check. A worker’s putative class claims are timely if she alleges unlawful acts occurring during the limitations period even if those acts arise from a systematic policy of discrimination that came into existence before then.

Carroll v. City and County of San Francisco - filed Oct. 31, 2019, First District, Div. Four

Cite as 2019 S.O.S. 3392

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http://www.beverlyhillsemploymentlaw.com