Labor and Employment Law

Newly-Published Labor and Employment Cases

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Kisor v. Wilkie 
(US 18-15 6/26/19) Agency Deference Doctrine. 
Upholding Auer deference doctrine, whereby courts defer to an agency’s reasonable reading of the agency’s own ambiguous regulations.

Pearl v. City of Los Angeles
(CA2/7 B285235 6/18/19) FEHA/Remittitur to Reduce Damages. 
Affirming trial court’s conditional grant of new trial unless plaintiff agreed to a remittitur reducing past economic damages where at least some of the damages were intended to punish.

Doe v. Superior Court
(CA4/1 D075331 6/13/19) Student-Employee Sexual Harassment and Assault/Rules of Professional Conduct Rule 4.2.
Rule 4.2 of the California State Bar Rules of Professional Conduct does not prevent ex parte contact by a plaintiff’s lawyer with percipient witnesses about another employee’s misconduct.

Parker Drilling Management Services, LTD v. Newton
(US 18–389 per curiam 6/10/19) State Wage and Hour Laws Not Applicable to Drilling Workers off California Coast.
The Fair Labor Standards Act, not state law, applies to the Outer Continental Shelf employment.

Austin v. University of Oregon
(9th Cir. 17-35560 6/4/19) Title IX/Evidentiary Presumption.
The McDonnell Douglas evidentiary burden does not apply at the pleading stage in a Title IX case.  Federal Rule of Civil Procedure 8(a) does.

Heimlich v. Shivji
(SC S243029 5/30/19) Arbitration/998 Offers.
Request for costs under Section 998 filed within 15 days after the arbitrator’s final award is timely.

Bennett v. Rancho Cal. Water Dist.
(CA4/3 G054617 5/29/19) Whistleblower/Collateral Estoppel/Employment Status.
Refusing to apply collateral estoppel to a whistleblower claim under Labor Code section 1102.5 based on a prior CalPERS administrative finding because a lesser burden of proof was imposed on the party seeking collateral estoppel in the administrative proceeding.

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