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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 2020 employment law decisions

Case alleging employer’s confidentiality agreement violates employees’ speech may proceed. September 21, 2020, First District Court of Appeal, John Doe v. Google, Inc.: current and former employees of

August 2020 employment law decisions

Wrongful termination verdict upheld but punitive damages reduced. August 24, 2020, Third District Court of Appeal, Timothy King v. U.S. Bank National Association: A jury found in favor of Mr. King for

June and July 2020 employment law decisions

Receipt of government funds conditioned on compliance with the law does not make a private employer a state actor for purposes of constitutional claims. July 20, 2020, Ninth Circuit Court of Appeals,

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