employment law notes

March 2012 California Employment Law Notes

March 13, 2012 19:14

We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Teacher/Minister's Disability Discrimination Claim Is Barred By The First...

California Law Should Have Been Applied To Determine If Drivers Were Employees Or Independent Contractors

March 01, 2012 19:06

Ruiz v. Affinity Logistics Corp., 2012 WL 388171 (9th Cir. 2012) Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers'...

Employer Was Deprived Of Due Process By Trial Court's Erroneous Use Of Representative Sampling

March 01, 2012 19:03

Duran v. U.S. Bank Nat'l Ass'n, 2012 WL 366590 (Cal. Ct. App. 2012) U.S. Bank ("USB") appealed a $15 million judgment that was entered against it following a bifurcated bench trial. The plaintiffs are 260 current and former business banking officers who claimed they were misclassified by...

PAGA Judgment Is Mostly Affirmed In Employee's Favor

March 01, 2012 18:55

Thurman v. Bayshore Transit Mgmt., Inc., 2012 WL 604037 (Cal. Ct. App. 2012) Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 ("PAGA") and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil...

Army Corps Of Engineers Employee Could Proceed With Age Discrimination Claim

March 01, 2012 18:36

Shelley v. Geren, 666 F.3d 599 (9th Cir. 2012) After Devon Scott Shelley applied for but was not promoted to be Chief of Contracting for the Army Corps of Engineers, he filed this lawsuit alleging age discrimination in violation of the Age Discrimination in Employment Act. The district court...