Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
Certain Fire Department Employees Entitled To Standard Overtime.
Because of a statutory exemption in the Fair Labor Standards Act [29 U.S.C. § 207(a); FLSA], Los Angeles Fire Department firefighters do not receive overtime pay for work over 40 hours in a workweek, but only after working 212 hours in a 28 day period. Certain dispatchers and helicopter paramedics contend they are entitled to […]
Ninth Circuit Barred Removal Of Class Action Claim Against Employer.
Plaintiff brought a class action against his employer asking for civil penalties for failure to pay for overtime and provide for meal breaks and rest periods under California’s Private Attorneys General Act of 2004 [Labor Code §§ 2698-2699.5; PAGA]. His employer removed the action to the federal district court. The Ninth Circuit was faced with […]
No Civil Enforcement Of Workplace Safety By Prosecutors Under Consumer Protection Statute.
Defendant manufactures plastic products. In 2009, a water heater exploded, killing two workers instantly. After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation […]
She Acted Outside The Course And Scope Of Her Employment? C’mon . . . How Can You Say That?
A staffing company assigned one of its employees to work as a medical assistant at a customer’s facility, and the medical assistant poisoned a coworker. According to the allegations, the medical assistant and the coworker had some sort of disagreement about how to stock supplies. Sometime later, the coworker drank from her water bottle and her […]
Hospital’s Peer Review Process Meets Whistleblower Laws.
A hospital terminated a doctor’s staff privileges, using its quasi-judicial peer review procedure. In his tort action against the hospital and others, the doctor claimed he was terminated in retaliation for reporting substandard performance by the hospital’s nurses. Health and Safety Code section 1278.5, declares it is the public policy of California to encourage members of […]
Constructive Voluntary Quit Doctrine: Underpaid, Under Pressure And Under Protected.
An employee went on stress leave one month after she filed a claim with the Department of Fair Employment and Housing for ongoing sexual harassment. When her doctor cleared her to go back to work, her lawyer had an electronic conversation with the employer’s lawyer regarding assurances the employee wanted before she returned to work. The […]
Summary Judgment Reversed In Age Discrimination Employment Case.
From 1987 until she was discharged in 2008, at age 61, plaintiff worked at a hospital as a diet technician. She allegedly received the highest ratings until a new supervisor was hired in 2007 and thought plaintiff had numerous shortcomings on the job. In plaintiff’s employment action against the hospital, which included a claim of age […]
Claims For Retaliation Under The False Claims Act Give State Courts Concurrent Jurisdiction Over Actions.
A medical doctor was fired after he allegedly complained about billing practices that he believed to be fraud against Medicare and Medi-Cal. The trial court sustained the demurrer without leave to amend on the doctor’s cause of action under the False Claims Act [FCA; 31 U.S.C. § 3730(h)] for retaliation because of lack of subject matter […]
Employee Not Guaranteed No Loss Of Salary After Returning To Work.
When injured on the job, a deputy sheriff earned a five percent (5%) differential for working the night shift. When he returned to work, he worked at full duty for a few months and was then placed on modified duty by a physician. He was assigned to the day shift and received no pay differential. Labor […]
- « Previous Page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- …
- 15
- Next Page »