Labor and Employment Law
Newly-Published Labor and Employment Cases
- Duffey v. Tender Heart Home Care Agency (CA1/5152535 1/11/19)
Wage & Hour/Common Law Test. With respect to an overtime claim relating to the Domestic Workers Bill of Rights, trial court erred in applying the common law Borello test. - Siri v. Sutter Home Winery, Inc. (CA1/4 A141335 1/23/19)
Wrongful Termination/ Whistleblower Retaliation. Reversing summary judgment in case involving an accountant at a winery who alleged that she reported concerns that the business was out of compliance with tax laws. Trial court erroneously granted summary judgment on the premise that the “taxpayer privilege” meant that the plaintiff could prove her case without using protected tax returns. Plaintiff does not need the returns themselves to prove her case, only evidence that she made a protected report based on a good-faith belief. - New Prime Inc. v. Oliveira (US 17-340 1/15/19)
FAA Exemption for transportation workers involved in interstate commerce applies to independent contractors. Section 1 of the Federal Arbitration Act exempts some “contracts of employment” for some transportation workers from coverage. A court must determine whether a contract is excluded from § 1 before ordering arbitration. A “contract of employment’ is any agreement to perform work, meaning that it does not necessarily imply the existence of an employer-employee relationship and so may apply to contracts with independent contractors. - Henry Schein, Inc. v. Archer & White Sales, Inc. (US 17–1272 1/8/19)
Arbitration. An arbitrator determines issues of arbitrability when the contract delegates the question of arbitrability to the arbitrator, even if the basis for arbitration appears groundless. - Furry v. East Bay Publishing (CA1/1 A151986, filed 12/12/18, pub. ord. 1/4/19)
Wage & Hour/Accurate Records. Employee’s imprecise testimonial evidence in support of the employee’s overtime claim can provide a basis for damages when the employer has not maintained accurate time records.