• Dean Royer

April 2019 employment law decisions

Employee’s failure to promote claim revived.

April 29, 2019, Ninth Circuit Court of Appeals, David Weil v. Citizens Telecom Services Company, LLC: The trial court erred by dismissing a failure to promote claim after excluding a statement made by an employee of the defendant employer concerning the promotion decision despite being later moved to a different role.


Unpaid wages claim by security guards with collective bargaining agreement turns on interpretation of state law.

April 25, 2019, California Supreme Court, George Melendez v. San Francisco Baseball Associates LLC: Claim for unpaid wages by security guards at San Francisco Giants’ stadium does not require interpretation of a collective bargaining agreement so the lower courts may decide the case on the merits.


Employer complies with wage statement law by listing its fictitious business name and street address not including a mail stop code.

April 10, 2019, First District Court of Appeal, Vaiula Savea v. YRC, Inc.: The court of appeal affirmed the trial court’s dismissal (on demurrer) of the employee’s case that asserted the wage statement law required listing the employer’s name registered with the California Secretary of State and an address that included the mail stop code and the ZIP+4 code.


#Preemption #Wagestatements #Evidence #Wageandhour #Promotion

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September 2021 employment law decisions

The Borello common law test applies to failure to reimburse expenses claims. September 30, 2021, Fifth District Court of Appeal, Veronica Becerra v. The McClatchy Company: Becerra filed a class action

August 2021 employment law decisions

A Section 998 offer is invalid if it purports to settle a claim concerning undisputed unpaid compensation. August 31, 2021, Second District Court of Appeal, Subino Wasito v. Adi Kazali: Wasito and ano

July 2021 employment law decisions

Discipline resulting from peer review process is not protected by anti-SLAPP law. July 29, 2021, California Supreme Court, Aram Bonni v. St. Joseph Health System: Bonni alleged that the defendant hosp