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March 2015 California employment law notes
  • Proskauer Rose LLP
  • USA
  • March 7 2015

Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before


California Supreme Court expands judicial review of employment arbitration awards
  • Proskauer Rose LLP
  • USA
  • 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


False Claims Act lawsuit was barred by public disclosure of records
  • Proskauer Rose LLP
  • USA
  • July 13 2011

Daniel Kirk, a former employee of Schindler Elevator Corporation, filed this lawsuit under the False Claims Act (“FCA”), alleging Schindler had submitted false or fraudulent claims for payment to the United States


Prevailing employer should have been permitted to recover its costs from employee
  • Proskauer Rose LLP
  • USA
  • September 9 2011

Larry Plancich sued UPS for failure to pay overtime, meal and rest breaks; failure to keep, maintain and furnish accurate wage statements, and unfair competition, among other claims


Employee of independent contractor cannot sue company that hired contractor for negligence
  • Proskauer Rose LLP
  • USA
  • September 9 2011

US Airways uses a conveyor to move luggage at San Francisco International Airport


Unlicensed law clerk was properly classified as exempt professional
  • Proskauer Rose LLP
  • USA
  • September 9 2011

Zelasko-Barrett v


Injunction upheld prohibiting former employee from competing
  • Proskauer Rose LLP
  • USA
  • September 9 2011

NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device ("TMRD"), which NewLife had purchased approximately one year before the termination


Offer of judgment for full amount of class rep's claim did not moot class action
  • Proskauer Rose LLP
  • USA
  • September 9 2011

Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of contract


"Me too" evidence was relevant to and admissible in discrimination lawsuit
  • Proskauer Rose LLP
  • USA
  • September 9 2011

Lorraine Pantoja sued attorney Thomas J. Anton and his firm for wrongful termination, violation of the Fair Employment and Housing Act ("FEHA"), battery, sexual battery and intentional infliction of emotional distress


San Francisco releases "ban the box" notice for posting and distribution
  • Proskauer Rose LLP
  • USA
  • March 28 2014

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into