Newly-Published Labor and Employment Cases

Clifford v. Quest Software Inc. (CA4/3 G055858, filed 7/23/19, ord. pub. 8/14/19) Arbitration/Unfair Competition Law.  Different from a UCL claim seeking public injunctive relief, a UCL claim seeking private injunctive relief or restitution may be subject to arbitration.

Dawson v. NCAA (9th Cir. 17-15973 8/12/19) Employment Status of NCAA Student Athletes/FLSA and CA Labor Code.  Applying the economic reality test and determining that division 1 football players were not employees (of the NCAA and Pac-12) under the Fair Labor Standards Act, and further determining that they were not employees under the California Labor Code. 

Franco v. Greystone Ridge Condominium (CA4/3 G056559, filed 8/14/19, pub. ord. 8/27/19) Arbitration.  Arbitration agreement signed during employment and after a lawsuit had been filed applied to claims asserted in the lawsuit given the broad language in the arbitration agreement that included “pre-hire” matters.  

Murray v. Mayo Clinic (9th Cir. 17-16803 8/20/19) Disability Discrimination/ADA Title I/but for causation standard.  The but for causation standard, not the motivating factor standard, applies to ADA discrimination claims.

OTO, L.L.C. v. Kho (SC S244630 8/29/19) Arbitration. Because the arbitration agreement at issue involved an unusually high degree of procedural unconscionability, it was deemed unenforceable such that the Supreme Court did not address the issue of whether an arbitral scheme resembling civil litigation can constitute a sufficiently accessible and affordable process to arbitrate wage disputes.

Tijerino v. Stetson Desert Project (9th Cir. 18-16013 8/16/19) FLSA/Employee Status.  Employment status is not jurisdictional for pursuing a Fair Labor Standards Act claim.  Thus, an employer’s claim that the plaintiff is an independent contractor does not defeat federal district court jurisdiction.

Valtierra v. Medtronic (9th Cir. 17-15282 8/20/19) Disability Discrimination/ADA. Failing to reach issue of “whether morbid obesity itself is an ‘impairment’ under the ADA” absent identification of an underlying physiological condition because summary judgment properly granted based on failure to show connection between potential impairments and termination.

Voris v. Lampert SC  (S241812 8/15/19) Conversion/Payment of Wages.  Claim for nonpayment of wages cannot be pursued as a conversion claim.

White v. Square, Inc. (SC S249248 8/12/19) Unruh Act/Arbitrary Discrimination/Standing to Sue Online Business.  Plaintiff has standing to pursue an Unruh Civil Rights Act claim when the plaintiff visits a website with the intent to use the company’s services but decides not to do business with the company based on the company’s terms and conditions.