California Lawyers Association

Labor and Employment eNews

Articles from the Labor and Employment Law Section’s eNews

Bristol SL Holdings v. CIGNA Health & Life (9th Cir. 23-55019 5/31/24) ERISA Affirming summary judgment for defendants, the court held that the Employee Retirement Income Security Act of 1974 preempted claims that a health plan administrator’s denial of reimbursements violated state law. Read more
Article XVI, section 18, subdivision (a) of the California Constitution sets forth the constitutional debt limitation applicable to cities: “No . . . city . . . shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters of the public entity voting at an election to be held for that purpose.” The City Council adopted a resolution authorizing the issuance and sale of bonds to address unfunded liabilities in the City’s pension plans. The Taxpayers Association challenged the resolution, claiming it violated the constitutional debt limitation. The court held the City’s action did not trigger the debt limitation because under the resolution bonds may be issued only if they result in savings to the city. Read more
Alameda Health System is one of seven public entities that contract with the Alameda County Employees Retirement Association to provide retirement benefits to their employees. Read more
Code of Civil Procedure §1281.98 provides that if arbitration fees or costs “are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Effective January 1, 2022, the Legislature amended §1281.98 to include a new sentence in subdivision (a)(2): “Any extension of time for the due date shall be agreed upon by all parties.” Hohenshelt’s former employer Read more
An employee signed an arbitration agreement with his employer in the regular course of his employment, without disclosing that he was being subjected to sexual harassment and assault. Read more
Erhart, an internal auditor, copied, transmitted and retained various documents he claimed showed his employer’s possible wrongdoing. Read more
n awarding attorney fees, a court may apply, in its discretion, a positive or negative multiplier to adjust the lodestar calculation—a reasonable rate times a reasonable number of hours—to account for various factors, including attorney skill. Read more
September 2023 Barrera v. Apple American Group LLC (CA1/2 A165445 8/31/23) Post-Adolph PAGA Arbitration  The court reversed in part and affirmed in part the trial court’s order denying defendants’ motion to compel arbitration of claims under the Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) Based on Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. ___ Read more
Boermeester v. Carry (SC S263180 per curiam 7/31/23) Private Universities’ Title IX Hearings. When investigating and disciplining students accused of sexual misconduct or intimate partner violence under title IX of the Education Amendments of 1972, private universities are required to comply with the common law doctrine of fair procedure by providing accused students with notice of the charges and a meaningful opportunity to be heard. Read more
Brown, the elected treasurer of the City of Inglewood, brought a retaliation claim under Labor Code section 1102.5 alleging the City Council no longer allowed her to sit on the dais at Council meetings because Brown had raised allegations of financial impropriety by Council members. Read more

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