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California Supreme Court expands judicial review of employment arbitration awards

Proskauer Rose LLP
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USA
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April 27 2010

On April 26, the California Supreme Court issued a decision in the case of Pearson Dental Supplies, Inc. v. Superior Court (S167169) that will likely have resounding implications for the enforceability of arbitration awards

Late-payment penalty claim is subject to three-year statute of limitations

Proskauer Rose LLP
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USA
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January 11 2011

Although plaintiff Jorge A. Pineda gave two weeks’ notice of his resignation from Bank of America, the bank did not pay him his final wages on his last day of employment, as required by Cal. Labor Code 202, but instead paid him four days late

New trial ordered in police officer’s case alleging discrimination and retaliation

Proskauer Rose LLP
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USA
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January 11 2011

A jury rejected Mitchell Grobeson’s claims against the City of Los Angeles and Daniel Watson for alleged unlawful discrimination, harassment, retaliation and constructive discharge

Ministerial exception barred seminarians’ claims for unpaid overtime

Proskauer Rose LLP
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USA
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January 11 2011

Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among other things, failure to pay them overtime wages under Washington state law

SOX whistle-blower claim was untimely filed

Proskauer Rose LLP
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USA
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January 11 2011

Carole Coppinger-Martin alleged that Nordstrom, Inc. violated the whistle-blower-protection provision of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. 1514A, by terminating her employment in retaliation for her reporting to supervisors conduct she believed violated the rules and regulations of the SEC

Employer did not violate FLSA by changing pay rates for nurses working alternative workweeks

Proskauer Rose LLP
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USA
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January 11 2011

The Fair Labor Standards Act required Pomona Valley Hospital Medical Center (“PVHMC”) to pay its employees 1-12 times the employees’ regular rate for any employment in excess of eight hours in any workday and in excess of 80 hours in a 14-day period

Non-union county employees must be permitted to object to disclosure of personal information

Proskauer Rose LLP
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USA
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January 11 2011

During the course of collective bargaining, the Service Employees International Union asked the county for the personal contact information (names, home addresses and home telephone numbers) of county employees who are in the bargaining unit but who are not members of the union

Employer granted leave to appeal remand of wage-and-hour case

Proskauer Rose LLP
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USA
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January 11 2011

Bradford Coleman sued his employer, Estes Express Lines and its regional division Estes West, in state court for alleged violations of California wage and hour statutes

Employee’s lawyer should not be present during client’s psych exam

Proskauer Rose LLP
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USA
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January 11 2011

Steven Braun sued Toyota Motor Sales and his supervisor Randall Bauer for gender discrimination, sexual harassment, defamation, constructive discharge and intentional and negligent infliction of emotional distress

Employee may proceed with PAGA claim based upon lack of suitable seating

Proskauer Rose LLP
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USA
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January 11 2011

One of the requirements of the wage orders promulgated by the Industrial Welfare Commission is that “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats”

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