Bimonthly column prepared for the California Lawyers Association (formerly State Bar of California) California Labor & Employment Law Review since 2003. 

 

Link to Latest Column

 

(Updated April 16, 2022)

 

Discrimination | Harassment | Retaliation

Bailey v. San Francisco District Attorney’s Office, non-published opinion, 2020 WL 5542657 (2020), review granted (Dec. 30, 2020) S265223/A153520  

Petition for review after afirmance of summary judgment. Did the Court of Appeal properly affirm summary judgment in favor of defendants on plaintiff’s claims of hostile work environment based on race, retaliation, and failure to prevent discrimination, harassment and retaliation? Fully briefed. 

 

Wage and Hour

Grande v. Eisenhower Medical Center, 258 Cal. Rptr. 3d 324 (2020), review granted, 2020 WL 2478882; S261247/E068730

Petition for review after affirmance of judgment. May a class of workers bring a wage and hour class action against a staffing agency, settle that lawsuit with a stipulated judgment that releases all of the staffing agency's agents, and then bring a second class action premised on the same alleged wage and hour violations against the staffing agency's client? Submitted/opinion due.

Naranjo v. Spectrum Security Services, Inc., 40 Cal. App. 5th 444 (2019), review granted, 257 Cal. Rptr. 3d 188 (2020); S258966/B256232

Petition for review after part affirmance and part reversal of judgment. (1) Does a violation of Labor Code section 226.7, which requires payment of premium wages for meal and rest period violations, give rise to claims under Labor Code sections 203 and 226 when the employer does not include the premium wages in the employee’s wage statements but does include the wages earned for meal breaks? (2) What is the applicable prejudgment interest rate for unpaid premium wages owed under Labor Code section 226.7? Submitted/opinion due..

People ex rel. Garcia-Brower v. Kolla’s Inc., nonpublished opinion, 2021 WL 1851487 (CA 4/2 May 10, 2021), review granted (Sept. 1, 2021); S269456/G057831

Petition for review after part affirmance and part reversal of judgment. Does Labor Code section 1102.5, subdivision (b), which protects an employee from retaliation for disclosing unlawful activity, apply when the information is already known to that person or agency? Answer brief due.

Turrieta v. Lyft, Inc., 284 Cal. Rptr. 3d 767 (2021), review granted, 2022 WL 57711 (Mem) (Jan. 5, 2022); S271721/B304701

Petition for review after affirmance of judgment. Does a plaintiff in a representative action filed under the Private Attorneys General Act (Cal. Lab. Code § 2698 et seq.) (PAGA) have the right to intervene, or object to, or move to vacate, a judgment in a related action that purports to settle the claims that plaintiff has brought on behalf of the state? Answer brief due.