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Connor v. Aboriginal Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018)

Eileen Connor formed as a academy bus disciplinarian for Laidlaw Education Services, a aggregation that was afterwards acquired by Aboriginal Student. Aboriginal Student retained a customer advertisement bureau to conduct accomplishments checks on its employees. The accomplishments letters elicited advice about the employees, including their bent records, sex blackmailer anthology status, abode history, active annal and appliance history. Connor asserts in this chic activity accusation that Aboriginal Student abandoned the California Analytic Customer Advertisement Agencies Act (“ICRAA”) (Civ. Code § 1786, et seq.) because it bootless to accommodate the adapted accustomed apprehension and did not admission her accounting allotment to conduct the accomplishments check. Aboriginal Student asserted that ICRAA is unconstitutionally ambiguous because the statute overlaps with the California Customer Acclaim Advertisement Agencies Act (“CCRAA”) (Civ. Code § 1785.1, et seq.) (relating alone to acclaim checks). The California Supreme Cloister captivated that any fractional overlap amid the two statutes does not cede one abounding or unconstitutionally vague. Therefore, because Aboriginal Student conducted a accomplishments assay that appear on Connor’s “character, accepted reputation, claimed characteristics, or approach of living,” it was an ytic customer address accountable to the stricter apprehension and allotment requirements of ICRAA. See additionally Dutta v. Accompaniment Farm Mut. Auto. Ins. Co., 895 F.3d 1166 (9th Cir. 2018) (procedural corruption of FCRA that did not aftereffect in corruption or a actual accident of corruption is not actionable).

United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018)

United States Commune Adjudicator John A. Mendez issued an adjustment enjoining California from administration genitalia of the California Clearing Workers Aegis Act (Assembly Bill 450), a new accompaniment law that restricts clandestine administration from allied with federal clearing enforcement. Amid added things, the law imposes fines on clandestine administration of up to $10,000 per corruption if they “voluntarily consent” to giving federal clearing authorities admission to nonpublic areas of a “place of labor” and/or to agent records, and it mandates that the employer assert that the authorities admission a administrative accreditation or amendment afore such advice would be angry over. Cal. Gov’t Code §§ 7285.1 and 7285.2. The cloister sided with the U.S. Department of Justice in accolade that several accoutrement of AB 450 discriminate adjoin clandestine administration who abet with the federal government. In his Order, Adjudicator Mendez assured that “these fines administer a accountability on those administration who accede in a federal assay but not on those who do not.” Thus, the cloister begin that “a law which imposes budgetary penalties on an employer alone because the employer voluntarily consents to federal clearing enforcement’s admission into nonpublic areas of their abode of business or admission to their appliance annal impermissibly discriminates adjoin those who accept to accord with the federal government.”

The cloister additionally addled bottomward a accouterment of the law attached an employer’s adeptness to re-verify an employee’s appliance accommodation unless contrarily appropriate by federal law on the arena that it “frustrates the arrangement of accountability that Congress designed.” Cal. Lab. Code § 1019.2. The cloister larboard continuing an employer obligation to acquaint advisers in autograph of an approaching assay of I-9 forms by federal clearing authorities. Cal. Lab. Code § 90.2(a)(1). This accommodation agency that clandestine area administration may no best be prosecuted for: (i) acknowledging to a federal clearing administration agent’s address to admission nonpublic areas in the workplace; (ii) acceding federal clearing administration agents admission to agent records; or (iii) re-verifying an employee’s accommodation to assignment in the United States.

Golden v. California Emergency Physicians Med. Group, 896 F.3d 1018 (9th Cir. 2018)

Donald Golden, M.D. is an emergency-room doctor aforetime affiliated with the California Emergency Physicians Medical Accumulation (“CEP”), a ample bunch of over 1,000 physicians that manages or staffs abounding emergency apartment in California and added western states. Dr. Golden sued CEP for assorted claims, including ancestral discrimination. Above-mentioned to trial, the parties acclimatized the case and appear the acceding orally in accessible court. Pursuant to the settlement, Dr. Golden received, amid added things, a abundant budgetary sum and agreed to abandon any and all rights to appliance with CEP or any ability that CEP may own or with which it may arrangement in the future. Dr. Golden afterwards banned to assassinate the accounting acceding acknowledging the adjustment and accustomed to accept it set aside. The cloister adjudicator and the commune cloister abandoned Dr. Golden’s objections and ordered that he be accountable to assurance the adjustment agreement. Dr. Golden appealed, asserting that the no-employment accouterment in the adjustment acceding was actionable beneath Cal. Business & Professions Code § 16600 (which invalidates “every arrangement by which anyone is aseptic from agreeable in a allowable profession, trade, or business…”).

The Ninth Circuit ahead antipodal the acumen of the commune cloister and adjourned the case for added affairs in adjustment to actuate “in the aboriginal instance whether the no-employment accouterment constitutes a abstemiousness of a abundant appearance to Dr. Golden’s medical practice.” On remand, the commune cloister afresh ordered Dr. Golden to assurance the adjustment acceding afterwards absolute that the no-employment accouterment was not an actionable restraint. In this opinion, the Ninth Circuit afresh antipodal the lower court, captivation that the no-employment accouterment essentially aseptic Dr. Golden’s allowable profession, barter or business in corruption of Section 16600 to the admeasurement it prevents him from alive for administration that accept affairs with CEP and to the admeasurement it permits CEP to aish him from absolute appliance in accessories that are not endemic by CEP. However, the accouterment is acknowledged to the admeasurement it confined him from alive at accessories that are endemic or operated by CEP. Nevertheless, the Cloister captivated that “because the parties do not altercation that [the no-employment provision] is actual to the adjustment agreement, the absolute acceding is void.”

Caldera v. California Dep’t of Corr. & Rehab., 25 Cal. App. 5th 31 (2018)

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Augustine Caldera is a correctional administrator at a accompaniment bastille who stutters aback he speaks.  Caldera declared that the prison’s employees, including a supervisor, “mocked and mimicked” his dribble at atomic a dozen times over a aeon of two years. Caldera sued the CDCR for affliction harassment, abortion to anticipate aggravation and accompanying claims, and a board awarded Caldera $500,000 in affecting ache damages. The balloon cloister begin the accident accolade to be boundless and accepted the employer’s motion for a new balloon alone as to that issue. Both parties appealed, and the Cloister of Address in this assessment antipodal the balloon court’s new balloon adjustment but contrarily affirmed the $500,000 acumen in Caldera’s favor on the arena that the aggravation was abundantly astringent or common to abutment the judgment.

Nishiki v. Danko Meredith, APC, 25 Cal. App. 5th 883 (2018)

Taryn Nishiki formed as appointment administrator and paralegal for a law close afore resigning her appliance via email on Friday, November 14, 2014. At the time of her resignation, Nishiki was owed $2,880.31 for her accrued but bare vacation time. On Tuesday, November 18, 2014, the close mailed Nishiki a handwritten assay that independent an inconsistency: The bulk of the assay as accounting in numerals was “$2,880.31,” but the bulk as spelled in words was “Two thousand eight hundred and 31/100” – which was $80 short. Eight canicule later, Nishiki a the close she could not drop the assay because of the aberration amid the afterwards and accounting amounts. On Friday, December 5, 2014, the close mailed Nishiki a adapted assay in the bulk of $2,880.31. Nishiki filed a complaint with the activity abettor seeking, amid added things, cat-and-mouse time penalties in the bulk of $7,500 (for 30 canicule at the bulk of $250 per day). The audition administrator accepted Nishiki 17 canicule of cat-and-mouse time penalties x $250 per day = $4,250.

The employer appealed the accolade to the above cloister and afterwards a balloon de novo, the above cloister awarded Nishiki the $4,250 in cat-and-mouse time penalties added $86,160 in attorneys’ fees. The Cloister of Address in this assessment bargain the cardinal of waiting-time amends canicule from 17 to nine (the aeon amid aback the close had apprehension of the absurdity on the assay and the date on which it beatific the adapted check), but contrarily affirmed the lower cloister and bent that Nishiki was advantaged to the added attorneys’ fees she incurred for the appeal. See additionally Burkes v. Robertson, 2018 WL 3974399 (Cal. Ct. App. 2018) (employer’s abortion to book a appropriate address for abandonment of adventure due to indigency beggared balloon cloister of administration to apprehend address of $81,565.34 activity abettor accolade to employee).

The Chippewa Cree Tribe of the Rocky Boy’s Reservation v. United States Dep’t of the Interior, 2018 WL 3978542 (9th Cir. 2018)

Ken St. Marks, a affiliate of the Chippewa Cree Tribe, a the United States Department of the Autogenous (the “Department”) that he believed associates of the Tribe’s administering anatomy were misusing federal bang funds that were awarded to the Tribe pursuant to the American Accretion and Reinvestment Act (the “Act”). To aegis these funds, Congress allowable able-bodied bigmouth aegis for advisers of any non-federal article accepting funds beneath the Act. Afterwards allegory the evidence, the Department bent the Tribe had affianced in a banned avengement adjoin St. Marks for his bigmouth activities and awarded him $650,000 in aback pay, costs and fees. In this opinion, the Ninth Circuit denied the Tribe’s address for assay of the Department’s order, captivation that St. Marks performed casework on annual of the Tribe as administrator of its Business Committee and he was, therefore, an agent aural the acceptation of the Act. The Cloister added captivated that the Department’s adjustment did not borrow the Tribe’s ascendancy or admiral of self-governance and that the Tribe’s abatement of St. Marks as administrator of the Business Committee was retaliatory.

Hicks v. PGA Tour, Inc., 897 F.3d 1109 (9th Cir. 2018)

Professional golf caddies sued the PGA Tour, alienated they should not be accountable to abrasion bibs featuring announcement awash by the Tour and bounded hosts of the PGA tournaments. The caddies adduce contract, quasi-contract, publicity and arbitrary antagonism claims beneath California law, a apocryphal endorsement affirmation beneath the Lanham Act and antitrust claims beneath the Sherman Act. The commune cloister absolved all of the caddies’ claims with prejudice, which the Ninth Circuit affirmed forth with arising an adjustment remanding the case to acquiesce the commune cloister to alter whether to admission the caddies leave to alter their federal antitrust and California arbitrary antagonism claims. The Ninth Circuit added captivated that the commune cloister appropriately assured that the caddies had consented to cutting the bibs and that they did not do so beneath bread-and-er duress.

Lacagnina v. Comprehend Sys., Inc., 25 Cal. App. 5th 955 (2018)

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David Lacagnina sued his above employer for fraud, aperture of contract, aperture of the adumbrated acceding of acceptable acceptance and fair ambidextrous and “theft of activity by apocryphal pretenses” in corruption of Cal. Pen. Code §§ 484 and 496. The board awarded $556,446 in damages, including $226,446 in amercement for artifice and $75,000 for affecting distress. The balloon cloister accepted the employer’s motion for acumen admitting the adjudication on the artifice affirmation on the arena that Lacagnina was not damaged by the declared artifice and entered an adapted acumen in his favor in the bulk of $225,000. The balloon cloister additionally absolved Lacagnina’s “theft of labor” claim. The Cloister of Address affirmed adjournment of this “novel” affirmation because he accustomed a contractually agreed-upon bacon and had a altercation with his employer about the bulk of commissions and added advantage due to him on termination. The Cloister acclaimed that “if every plaintiff in an appliance or arrangement altercation could additionally seek acute amercement and attorneys’ fees [pursuant to Cal. Pen. Code § 496] on the arena that the actor accustomed ‘stolen property,’ such claims would become the aphorism rather than the exception.” See additionally Padda v. Above Court, 25 Cal. App. 5th 25 (2018) (trial cloister abused its acumen in abstinent employees’ address for a balloon constancy based aloft the affliction of their able witness).

Monster Energy Co. v. Schechter, 26 Cal. App. 5th 54 (2018)

The attorneys for two individuals who had sued Monster Energy Aggregation active and accustomed as to “content and form” a arcane adjustment acceding amid the individuals and Monster. During an annual with a anchorman for lawyersandsettlements.com, one of the plaintiffs’ attorneys appear advice that was accountable to the acquaintance accouterment of the adjustment agreement. Monster sued the attorneys for aperture of arrangement and accompanying claims. The attorneys responded with an anti-SLAPP motion based aloft the actuality that they were not parties to the adjustment agreement. The balloon cloister disagreed and denied the attorneys’ motion, but the Cloister of Address reversed, captivation that the attorneys were not parties to the adjustment acceding alike admitting they had active and accustomed it as to “content and form.” The Cloister acclaimed “it seems accessible enough, however, to abstract a adjustment acceding that absolutely makes the attorneys parties (even if alone to the acquaintance provision) and absolutely requires them to assurance as such.” See additionally Sheppard, Mullin, Richter & Hampton, LLP v. J-M Mfg. Co., 2018 WL 4137013 (Cal. S. Ct. 2018) (law firm’s advance-waiver of conflicts accouterment was not able because the close bootless to acknowledge a accepted battle with a accepted client).

King v. CompPartners, Inc., 2018 WL 4017874 (Cal. S. Ct. 2018)

Two physician-utilization reviewers acting on annual of Kirk King’s employer bent that a assay that had been recommended for King (an agent who had suffered an abrasion covered by workers’ compensation) was not “medically necessary” and decertified the decree afterwards accouterment for a weaning regimen. Aloft actuality denied the prescription, King suffered a alternation of four seizures as a result. King and his wife sued the doctors and the appliance assay aggregation (CompPartners) for apathy and accompanying claims. The defendants filed a advancement in response, alienated that the Workers’ Advantage Act (“WCA”) provided the absolute antidote for King and his wife and that in any case the doctors did not owe a assignment of affliction to King. The balloon cloister agreed and abiding the advancement afterwards leave to amend. The Cloister of Address affirmed, but bent that the Kings should accept an befalling to alter their complaint to adduce added facts about the assignment of affliction owed to them by the physicians. The California Supreme Cloister affirmed the adjournment based aloft the exclusivity of antidote of the WCA but additionally captivated that the Kings should not be acceptable to alter their complaint to attack to accompaniment a failure-to-warn claim. See additionally Tripplett v. WCAB, 25 Cal. App. 5th 556 (2018) (former Indianapolis Colts able football amateur was not assassin in or decidedly affiliated to California and so was not advantaged to WCAB benefits); California Dep’t of Indus. Relations v. California Occupational Safety & Bloom Appeals, 26 Cal. App. 5th 93 (2018) (heat affliction blockage standards may administer to autogenous of non-air-conditioned buses).

Jones v. Sorenson, 25 Cal. App. 5th 933 (2018)

Homeowner Danita Sorenson assassin a agriculturalist (“Odette Miranda dba Designs by Leo”) to assignment on her property, and Miranda assassin Mary E. Jones to help. Jones was afflicted aback she fell from a ladder while accent a timberline that was at atomic 15 anxiety tall. Jones sued Sorenson, claiming the assignment appropriate a authorization but Miranda was not accountant and Miranda’s apathy acquired her fall. Jones added declared that Sorenson was the employer of both Miranda and Jones. Although the balloon cloister absolved Jones’s affirmation on the arena that Miranda was in aspect a accountant “nurseryperson,” the Cloister of Address antipodal and captivated that Sorenson was potentially accountable because a “nurseryperson” refers to a accountant abettor of a nursery, which Miranda was not. Since Sorenson assassin Miranda (an actionable contractor), she has abeyant accountability for Jones’s injuries as her employer.

Troester v. Starbucks Corp., 5 Cal. 5th 829 (2018)

In this opinion, the California Supreme Cloister answered a acknowledged catechism from the United States Cloister of Appeals for the Ninth Circuit: “Does the federal Fair Activity Standards Act’s de minimis doctrine…apply to claims for contributed accomplishment beneath California Activity Code sections 510, 1194 and 1197?” The California Supreme Cloister answered the catechism as follows: “We authority that the accordant allowance adjustment and statutes do not admittance appliance of the de minimis aphorism on the facts accustomed to us by the Ninth Circuit, area the employer appropriate the agent to assignment ‘off the clock’ several annual per shift.” See additionally Rangel v. PLS Assay Cashers of Cal., Inc., 2018 WL 3892987 (Cal. Ct. App. 2018) (employee’s accepted FLSA aggregate activity was barred by a accompaniment chic activity adjustment that appear all claims on which her FLSA activity was predicated).

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Rodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018)

In this accepted chic action, advisers challenged a appropriate activity that Taco Bell provided to its employees: They could accept discounted commons and adulatory bendable drinks so connected as they ate the discounted commons on the bounds of the restaurant. On annual of the accepted class, Bernardina Rodriguez claimed the advisers should accept been paid a exceptional bulk for the time spent on the employer’s bounds bistro the discounted commons because advisers were beneath acceptable employer ascendancy during that time that they were not adequate of all duties as appropriate by the applicative allowance order. The Ninth Circuit affirmed the commune court’s adjustment in favor of Taco Bell afterwards absolute the employer had adequate its advisers of all duties during their meal aperture aeon and had acclimatized no ascendancy over their activities accountable alone to the brake that if they purchased a discounted meal, they had to eat it in the restaurant. The Cloister additionally alone the employees’ affirmation that the abatement bulk of the meal should accept been added to the approved bulk of pay for purposes of artful overtime. See additionally Ehret v. WinCo Foods, LLC, 26 Cal. App. 5th 1 (2018) (collective acceding acceding waived in a “clear and unmistakable” address employees’ appropriate to a meal aperture aback they formed amid bristles and six hours).

Fritsch v. Swift Transp. Co. of Ariz., LLC, 899 F.3d 785 (9th Cir. 2018)

At affair in this case is whether the commune cloister erred in remanding an activity to accompaniment cloister that had been removed to federal cloister beneath the Chic Activity Fairness Act (“CAFA”) on the arena that the actor bootless to prove that CAFA’s $5 actor amount-in-controversy affirmation had been satisfied. The Ninth Circuit antipodal the commune court’s adjourn adjustment on the arena that the commune cloister had bootless to booty into annual approaching attorneys’ fees that the employer ability balance beneath a arrangement or statute. On remand, the actor retains the accountability to prove the bulk of approaching attorneys’ fees by a advantage of the evidence. See additionally King v. Great Am. Chicken Corp., 2018 WL 4231847 (9th Cir. 2018) (CAFA-removed activity was afield adjourned to accompaniment cloister based aloft parties’ acceding that “at atomic two-thirds of the accepted chic associates had last-known addresses in California”); McCray v. Marriott Hotel Servs., Inc., 2018 WL 4167147 (9th Cir. 2018) (district cloister should accept adjourned activity to accompaniment cloister that was removed to federal cloister on the base of LMRA Section 301 preemption on the arena that the accusation did not crave abundant assay of the plaintiff’s union’s aggregate acceding agreement).

Harris v. Canton of Orange, 2018 WL 4211161 (9th Cir. 2018)

This case arises from a restructuring of two annual affairs that the Canton of Orange provides to its retirees. The retirees adduce they accept an adumbrated acknowledged appropriate to accept the allowances provided to them throughout their retirement. Although the commune cloister absolved the retirees’ aperture of arrangement claim, the Ninth Circuit reversed, captivation that the retirees had declared acceptable facts to authorize an adumbrated acknowledged appropriate to the connected benefits. However, the Ninth Circuit affirmed adjournment of the retirees’ affirmation of age discrimination, captivation that the canton may amusement retirees as a accumulation abnormally than advisers as a group, demography into annual that the amount of accouterment medical allowances to the retiree accumulation is college because the retirees are on boilerplate earlier than the employees. See additionally Moen v. The Regents of the Univ. of Cal., 25 Cal. App. 5th 845 (2018) (trial cloister afield decertified chic of retired advisers who declared aperture of arrangement associated with a change in their bloom benefits).

Martinez v. Landry’s Rest., Inc., 2018 WL 4091279 (Cal. Ct. App. 2018)

The balloon cloister absolved this accepted chic activity due to plaintiffs’ abortion to accompany it to balloon aural bristles years as appropriate by the Code of Civil Procedure. The Cloister of Address affirmed, captivation that the balloon cloister did not corruption its acumen by declining to exclude from its adding of the five-year aeon the afterward periods: 319 canicule during which a command address was pending; 169 canicule amid the apprehension of adjourn afterward abatement of the case to federal cloister and the Ninth Circuit’s adjustment acknowledging the remand; and a nine-month aeon amid the court’s adjustment acceding plaintiffs’ motion to bulldoze assembly of electronically stored advice and abounding acquiescence with that order.

Jackpot Harvesting Co. v. Above Court, 26 Cal. App. 5th 125 (2018)

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Labor Code Section 226.2, which became able Jan. 1, 2016, addresses the address in which piece-rate advisers are to be compensated for blow and accretion periods and added non-productive time on the job (“rest/NP time”). The Cloister of Address captivated that an employer acknowledging with the statute’s “safe harbor” accouterment by advantageous its advisers ahead contributed rest/NP time accrued amid July 1, 2012 and December 31, 2015 has an acknowledging aegis adjoin any agent claims for rest/NP time accruing above-mentioned to December 31, 2015 (including claims accruing above-mentioned to July 1, 2012).

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