• Security Guards – Mendiola v. CPS Security Solutions, Inc. (California Supreme Court, January 8, 2015) 2015 DJDAR 277. The California Supreme Court held security guards were owed regular and overtime pay for all time required to be at the worksite, including sleeping time. The wage order language interpreted does not apply to the public housekeeping industry or to some workers performing health care duties.
  • Teachers – Swanson v. Moreno Unified School District (California Court of Appeal, December 23, 2014) 2014 DJDAR 17043. A teacher defeated summary judgment in an employment discrimination case, even though it was undisputed she was discharged based on her poor performance reviews, because the employer “set her up for failure by giving her difficult assignments without the resources required to succeed…”
  • Removal to Federal Court – Ibarra v. Manheim Investments (9th Cir., January 8, 2015) 2015 DJDAR 285. When plaintiffs challenge removal under the Class Action Fairness Act, evidence by both sides must be allowed to prove whether over $5 million is in controversy (and the federal courts thereby have jurisdiction). In December, the U.S. Supreme Court held in Dart Cherokee Basin Operating Co., LLC v. Owens that removal notices need not include detailed proof of the amount controverted.