EMPLOYMENT UPDATES
written by Douglas J. Melton

Leonel, et al. v. American Airlines, Inc. (March 7, 2005) 5 C.D.O.S. 1901. March 15, 2005 [Issue 134] 

Employers Should Not Require Medical Examinations Of Applicants Prior To Making “Real” Job Offers.

Toscano v. Green Music 04 C.D.O.S. 10585 (4th App. Dist.; Dec. 2, 2004) [Issue 126]

Employer who reneges on job offer after offeree quits his old job in reliance thereon may be liable for "lost future wages," even if former employment was at-will, as long as the lost wages are not speculative or remote, and are supported by substantial evidence. January 7, 2005  

State Department of Health Services v. Superior Court (McGinnis), 03 C.D.O.S. 10088; December 11, 2003 [Issue 88] 

California Supreme Court Rejects Ellerth/Farragher Defense But Invokes The "Avoidable Consequences Doctrine" To Shield California Employers From Damages That Could Have Been Avoided Had The Employee Complained; Although Employers Are Strictly Liable For Sexual Harassment By Supervisors, Damages Can Be Limited If The Harassed Employee Failed To Take Reasonable Steps To Stop The Problem. 

Robert Barbee v. Household Automotive Finance Corporation (CA4 November 21, 2003) 03 C.D.O.S. 10008; November 26, 2003  
[Issue 87] 

Supervisor Could Be Terminated For Violating Company Policy Against Dating Subordinates.  

The California Legislature Passes Bill Entitling Employees To Six Weeks of Wage Replacement Benefits During Family Care Leave; November 26, 2002 [Issue 69] 

Senate Bill 1661, Representative Kuehl. Disability Compensation: Paid Family Care Leave. 

Equal Employment Opportunity Commission v. Luce, Forward, Hamilton, & Scripps (9th Circuit Court of Appeal, September 3, 2002) 02 C.D.O.S. 8033; October 18, 2002 [Issue 68] 

The Ninth Circuit overrules Duffield and allows the arbitration of Title VII claims. 

Ferguson v. Countrywide Credit Industries, Inc. and Countrywide Home Loans, Inc. 02 C.D.O.S. 6577 (9th Cir., July 23, 2002); September 3, 2002 [Issue 66] 

The Ninth Circuit Court of Appeal finds that an arbitration agreement is unenforceable as procedurally “unconscionable” and one-sided. 

Hernandez v. Hughes Missile Systems Co. (9th Cir., 2002) 292 F.3d 1038; August 23, 2002 [Issue 65] 

Company’s Policy Against Rehiring Rehabilitated Employees Who Left Due to Violations of Company’s Drug Use Policy Violates the ADA 

Walrath v. Sprinkel 02 C.D.O.S. 6015 (July 2, 2002) First Appellate District, Division 2; August 19, 2002 [Issue 64] 

Individuals May Be Personally Liable for Retaliation Under the Fair Employment & Housing Act. 

Jefferson v. California Department of Youth Authority 02 C.D.O.S. 5945 (July 1, 2002) California Supreme Court; August 13, 2002 [Issue 63] 

A Compromise and Release Signed in a Workers’ Compensation Proceeding May Bar a Subsequent Civil Action Alleging Similar Claims or Injuries 

Risam v. County of Los Angeles (2002) 99 Cal.App.4th 412, 121 Cal.Rptr.2d 267; August 9, 2002 [Issue 62] 

Failure to Exhaust All Avenues of Judicial Review of Administrative Finding Bars Subsequent Civil Action Alleging Claims Deemed Meritless  

Grant-Burton v. Covenant Care, Inc. (2nd Dist. July 10, 2002) 02 C.D.O.S. 6182; August 5, 2002 [Issue 61] 

Employees Have A Fundamental Right, Rooted In Public Policy, To Discuss With Other Employees Their Wages, Bonuses And Other Compensation Issues 

New Identity Theft Law Expands Employers’ Duties When Conducting Investigations Of Current Or Potential Employees; July 11, 2002 [Issue 59] 

Edward Almada v. Allstate Insurance Co.; May 20, 2002 [Issue 57] 

Unambiguous at-will statement in employment agreements and employee manuals preclude plaintiffs from establishing the existence of a promise not to terminate but for good cause. 

Sav-On Drug Stores, Inc. v. Superior.; May 20, 2002 [Issue 56] 

Court rejects class-action by store assistant managers bringing overtime claim. 

Walia v. Aetna, Inc., et al. 17 Cal. Rptr. 2nd 541 (November 21, 2001).; May 10, 2002 [Issue 55] 

California Court of Appeal affirms jury verdict against employer for terminating employee after she refused to sign illegal non-compete agreement. 

Scamihorn v. General Truck Drivers, Office, Food and Warehouse Union, Local 952 and Albertson’s, Inc.; May 10, 2002 [Issue 54] 

The Ninth Circuit holds that an employee who takes leave to provide emotional support to a family member may be protected under the Family Medical Leave Act. 

Department of Health Services v. Teresa V. McGinnis (2001) 01 C.D.O.S. 9999; December 6, 2001 [Issue 51] 

Employers are strictly liable under Fair Employment And Housing Act for supervisor’s harassing conduct; federal law affirmative defense premised on employer implementing anti-harassment policies and procedures does not apply under California law. 

New Labor And Employment Laws For 2002; December 5, 2001 [Issue 50] 

Richards v. CH2M Hill, Inc. (August 23, 2001) 2001 DJDAR 9059; October 10, 2001 [Issue 46] 

California Supreme Court clarifies “continuing violation doctrine” as basis for holding employer liable for acts occurring more than one year before employee files discrimination charge 

Block v. City of Los Angeles, Department of Water and Power (9th Cir. June 6, 2001) 01 C.D.O.S. 4593; August 22, 2001 [Issue 43] 

Salaried employees are entitled to overtime wages if they are treated as hourly 

Lenk v. Total-Western, Inc. (5th App. Dist. June 4, 2001) 01 C.D.O.S. 4702; July 23, 2001 [Issue 42] 

Plaintiff’s undisclosed subjective belief of the terms of an employment contract does not jeopardize at-will status. 

Colmenares v. Braemar Country Club, Inc. (2nd Dist. May 31, 2001) 01 C.D.O.S. 4465; July 19, 2001 [Issue 41] 

Significant amendments to the law prohibiting disability discrimination are not retroactive. 

Kohler v. Inter-tel Technologies (9th Cir. April 11, 2001) 01 C.D.O.S. 2890; July 17, 2001 [Issue 40] 

Employers may have affirmative defense to state law sexual harassment claim which was previously available only under federal law.  

Circuit City Stores, Inc. v. Adams (March 21, 2001) 121 S.Ct. 1302 Armendariz v. Foundation Health Psychcare Services, Inc. 24 Cal.4th 83 (2000); June 13, 2001 [Issue 39] 

Pre-dispute agreements to arbitrate employment claims should be enforceable if they are fair to the employee and if the employee’s agreement was knowing and voluntary.  

Doris Rowe v. Laidlaw Transit, Inc. (9th Cir. April 4, 2001) 01 C.D.O.S. 2730; April 30, 2001 [Issue 38] 

Even if an employer fails to notify an employee that a medical leave is protected by the FMLA, the employee still receives FMLA protection but the undesignated leave does not count toward the employee’s twelve-week limit. 

Esberg v. Union Oil Company of California (February 27, 2001) O1 C.D.O.S. 1664; April 16, 2001 [Issue 37] 

California’s Fair Employment And Housing Act does not prohibit age discrimination with respect to compensation or the “terms, conditions or privileges of employment.” 

Star v. West (9th Cir. Jan. 19, 2001) 01 C.D.O.S. 504; February 9, 2001 [Issue 36] 

Federal court outlines what constitutes an appropriate investigation and adequate remedial measures sufficient to shield the employer from coworker harassment liability. 

2001 Employment Law Changes; January 16, 2001 [Issue 35] 

Summary of new employment laws for 2002